ORLANDO — GQ magazine's publisher and the owner of Orlando haberdashery GQ Menswear have settled their litigation with an injunction that bars the retailer from using the magazine's mark and style as its logo.
U.S. District Judge Carlos E. Mendoza, on the bench in Florida's Middle District, Orlando Division, approved the settlement and issued a three-page order and permanent injunction on June 27 in the lawsuit by plaintiff Advance Magazine Publishers against defendant Pooja Enterprises. The latter company, which operates GQ Menswear on West Colonial Drive, agreed to comply with the injunction barring it from using the commerce marks "GQ" and "GQ Style" in any way.
Advance Magazine Publishers, based in New York and doing business as Conde Nast, filed suit against Pooja Enterprises and its menswear store last July.
"Defendant's services rendered under the term 'GQ Menswear' are overlapping and/or closely related to Plaintiff's goods and services rendered under its GQ Marks," Mendoza said in his order. "Defendant's use of 'GQ Menswear' in connection with its store and services may dilute the distinctive quality of the GQ Marks and may injure the business reputation of Plaintiff."
For its part, Conde Nast has for more than 60 years continuously used the marks in the U.S. in connection with the men's magazine GQ and other goods and services, according to Mendoza's order.
"The magazine as well as its corresponding website covers the subject matter of fashion, entertaining, food, beverages, travel, and culture," the order said.
"In its magazine, on its website, and through its sponsored events throughout the United States, plaintiff promotes the goods and services of others using its GQ Marks. In addition to the magazine and the website, plaintiff has expanded its use of the GQ Marks to other goods and services, including collaborating with apparel brands and fashion designers to release a line of GQ-approved men's clothing."
Advance Magazine Publishers also owns federal trademark registrations for its GQ Marks, the validity of which Pooja Enterprises acknowledged.
Both parties waived all rights to appeal the final judgment and the permanent injunction, according to the order.