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According to an article in the Boston Herald, the Florida owners of a modern design magazine called Modernista are being sued for alleged trademark infringement and unfair competition by a Boston ad agency that utilizes the trademark “Modernista!”.


The lawsuit, which was filed on Friday, February 24, 2006 in Massachusetts District Court against Perfect Vision Media Group, LLC of Miami Beach, addresses agency concerns that the magazine’s name could cause confusion among customers about who publishes the magazine and sells ad space.


The Gap, Budweiser, Hummer, MTV, The Travel Channel, and Converse are some of the agency’s clients, that they feel could overlap with the magazine’s target market.


The court will have to decide the issue of whether or not consumers are likely to be confused by the similarity of the two marks.


If you have any questions or concerns about trademark infringement or any other intellectual property matters, I suggest you contact a trademark attorney to better help you with the complexities of dealing with the United States Patent & Trademark Office, as well as the intricacies of litigation.

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