Five Below Inc. claims 10Below Ice Cream mark will confuse consumers

By Louie Torres | Dec 14, 2017

PHILADELPHIA – A Philadelphia-based retail chain alleges that a New York ice cream chain with a store in Philadelphia is infringing its trademark.

PHILADELPHIA – A Philadelphia-based retail chain alleges that a New York ice cream chain with a store in Philadelphia is infringing its trademark.

Five Below Inc. filed a complaint on Dec. 5 in the U.S. District Court for the Eastern District of Pennsylvania against 10Below Ice Cream Inc. alleging trademark infringement.

According to the complaint, the plaintiff has registered its Five Below marks with the U.S. Patent and Trademark office and has applications pending for the marks Five and Ten Below and Ten Below.

The plaintiff holds 10Below Ice Cream Inc. responsible because it alleges the defendant's similiar mark is likely to cause consumer confusion.

The plaintiff seeks enjoin the defendant and their agents from further using the 10Below trademark and any further relief this court grants. It is represented by Vincent V. Carissimi and Noah S. Robbins of Pepper Hamilton LLP in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-05436-PBT

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