MIAMI – A hair care and beauty products company alleges a stylist has damaged it because of the contents of an Instagram post.
Oribe Hair Care LLC filed a complaint on Jan. 12 in the U.S. District Court for the Southern District of Florida, Miami Division against Oribe Canales and Orizak LLC, doing business as Oribe Salon, alleging trademark infringement defamation and other counts.
According to the complaint, the plaintiff's company was founded in 2007 by Tevya Finger, Daniel Kaner and Canales and has registered several trademarks. The suit states that in January, Canales uploaded an illustration on Instagram that depicts him crucified on a cross, which forms the letter I in the plaintiff's Oribe mark. The plaintiff alleges the photo is offensive and infringes, dilutes and tarnishes the Oribe marks.
The plaintiff requests a trial by jury and seeks enjoin the defendant, order the destruction of all infringing materials, all monetary damages, profits, exemplary damages, all legal fees and any other relief as the court deems just. It is represented by Michael N. Kreitzer of Bilzin Sumberg Baena Price & Axelrod LLP in Miami and by David Massey of Hogan Lovells US in Miami.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:17-cv-20148-DPG