Proctor & Gamble Retain their Trademark in Face of Challenge from Israel Company, but Costs Requested Considered Outrageous

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Proctor & Gamble filed a trademark for the word INSPIRATION for perfumeries, essential oils, beauty care and cosmetic preparations, hair lotions, dentifrices, soaps; all included in class 3. On allowance, the mark published for opposition purposes, and IL Makiage LTD opposed the mark.

After depositing evidence and following a hearing, the opposer abandoned the opposition.

Proctor & Gamble’s agent then filed for $38,753.13 in costs.  IL Makiage LTD considered this outrageous, and Ms Yaara Shoshani Caspi concurred, ruling that the details provided by the agent’s accounts department were laconic and did not provide the hourly rate of the attorneys concerned. In circumstances where the costs sought are exceptionally high, this was inadequate. She went on to rule a more modest NIS 35,000 costs which she felt was adequate compensation for the work performed, when considering all aspects of the case.

COMMENT

The costs awarded were about 27% of those asked for. The costs requested do seem exorbitant, but I haven’t seen the amount of work performed.

After a quick Internet search I discovered that LaCoste and Charles Jourdan both have perfumes called Inspiration. I looked for dentrifices under the more common term, toothpaste, but could not find any other toiletries called Inspiration on the Internet. It does seem to be a better brand name than perspiration. Nevertheless, maybe Makiage will be able to have the mark cancelled eventually for lack of use.

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