UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
MERIDIAN CONSUMER BRANDS LLC,
Plaintiff,
v.
Case No. 1:22-cv-09483 (PAA)
BRINDOVAL HOME GOODS INC.,
Defendant.
DECLARATION OF RACHEL DOMINGUEZ IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
Filed: November 18, 2022
I. INTRODUCTION AND PERSONAL BACKGROUND
1. My name is Rachel Dominguez. I am over eighteen (18) years of age and am competent to testify to the matters set forth herein. I make this declaration of my own personal knowledge, and if called as a witness, I could and would testify competently to the facts stated herein.
2. I am currently employed as Vice President, Brand Management of Meridian Consumer Brands LLC ("MCB"). My business address is 450 Park Avenue South, 14th Floor, New York, New York 10016. I have held the position of Vice President, Brand Management since January 2020, and I have been employed by MCB continuously since September 2017. Prior to my promotion, I served as Director, Brand Strategy for MCB's household cleaning and home fragrance divisions.
3. In my current role as Vice President, Brand Management, I am responsible for overseeing brand strategy, trademark portfolio management, packaging design, advertising campaigns, and brand-integrity monitoring across all MCB product lines. I work closely with MCB's marketing, sales, legal, and product-development teams, and I report directly to MCB's Chief Marketing Officer. I have direct access to, and regularly review, MCB's internal sales data, advertising expenditure records, consumer research, and brand-health tracking reports. I am also responsible for monitoring the marketplace for unauthorized uses of MCB's trademarks and trade dress that may cause consumer confusion or dilute the strength of MCB's brands.
4. I submit this declaration under penalty of perjury pursuant to 28 U.S.C. § 1746 in support of MCB's Motion for Preliminary Injunction against Brindoval Home Goods Inc. ("Brindoval"). The purpose of this declaration is to provide the Court with the factual basis supporting MCB's contention that Brindoval's manufacture, distribution, and sale of household cleaning products under the "MERIDIAN FRESH" mark and confusingly similar trade dress infringes MCB's well-established trademark rights, causes actual consumer confusion, and inflicts ongoing and irreparable harm upon MCB's brand equity, consumer goodwill, and competitive position in the marketplace.
II. OVERVIEW OF MERIDIAN CONSUMER BRANDS LLC
5. MCB is a Delaware limited liability company headquartered at 450 Park Avenue South, 14th Floor, New York, New York 10016. MCB is a consumer packaged goods company that develops, manufactures, markets, and distributes branded products across three primary product verticals: (a) household cleaning products, (b) personal care products, and (c) home fragrance products. MCB's product portfolio includes several well-known brands that are sold throughout the United States.
6. MCB's products are distributed through major national and regional grocery chains, club stores, mass-market retailers, drug store chains, and e-commerce channels, including Penmark Holdings, Adriatic Corporation, and Walmart.com, among others. MCB's products are available to consumers in all fifty (50) states and the District of Columbia.
7. For the fiscal year ended December 31, 2022 (projected based on year-to-date results through October 2022 and management forecasts for November and December 2022), MCB's total consolidated revenue was approximately $387 million. MCB employs approximately 1,200 people across its corporate headquarters in New York, its manufacturing facilities in Trenton, New Jersey and Charlotte, North Carolina, and its distribution centers.
8. MCB's majority equity holder is Waypoint Capital Partners LLC ("Waypoint"), a mid-market private equity firm headquartered in New York, New York. Waypoint acquired MCB in 2019 in a transaction valued at approximately $625 million. Since Waypoint's acquisition, MCB has invested significantly in brand building, product innovation, and distribution expansion, with particular emphasis on the MERIDIAN household cleaning line, which is MCB's flagship brand and its single largest revenue contributor.
9. MCB's Chief Executive Officer is Sandra Kwan, and its General Counsel is Thomas R. Hennessy. Both Ms. Kwan and Mr. Hennessy are based at MCB's corporate headquarters in New York.
III. MCB'S MERIDIAN TRADEMARK PORTFOLIO AND HISTORY OF USE
A. First Use and Continuous Commercial Use
10. MCB first used the MERIDIAN mark in commerce for household cleaning products in approximately March 2011. The MERIDIAN mark was initially adopted in connection with the launch of MCB's all-purpose cleaning spray, and the mark was subsequently extended to a full line of household cleaning products as the brand grew. The original product launch was supported by targeted marketing efforts in the New York tri-state area and subsequently expanded to national distribution by mid-2012.
11. Today, the MERIDIAN-branded household cleaning product line includes all-purpose cleaners, glass cleaners, disinfecting sprays, disinfecting wipes, floor cleaners, and bathroom cleaners. All of these products fall within International Class 3 (cleaning preparations) under the Nice Classification system used by the United States Patent and Trademark Office ("USPTO").
12. MCB has continuously and without interruption used the MERIDIAN and MERIDIAN CLEAN marks in interstate commerce from 2011 to the present — a period of over eleven (11) years as of the date of this declaration. At no point during this period has MCB abandoned, discontinued, or suspended its use of the MERIDIAN marks. The marks have been in active, ongoing commercial use throughout this entire period, and MCB has continuously manufactured, distributed, advertised, and sold products under the MERIDIAN and MERIDIAN CLEAN marks during each of those eleven-plus years.
B. Federal Trademark Registrations
13. MCB is the owner of the following federal trademark registrations for the MERIDIAN marks, all of which are currently live and in full force and effect on the Principal Register of the United States Patent and Trademark Office:
(a) U.S. Registration No. 4,218,506 — MERIDIAN (standard character mark), registered August 14, 2012, for goods in International Class 3, specifically household cleaning preparations, namely, all-purpose cleaners, glass cleaners, disinfecting sprays, and floor cleaners;
(b) U.S. Registration No. 5,034,771 — MERIDIAN CLEAN (standard character mark), registered October 18, 2016, for goods in International Class 3, specifically household cleaning preparations, namely, all-purpose cleaners, glass cleaners, disinfecting sprays, floor cleaners, and bathroom cleaners;
(c) U.S. Registration No. 5,589,320 — MERIDIAN (stylized logo featuring a distinctive wave device), registered July 10, 2018, for goods in International Class 3, specifically household cleaning preparations, namely, all-purpose cleaners, glass cleaners, disinfecting sprays, floor cleaners, and bathroom cleaners.
14. All three of the foregoing registrations are currently active and subsisting. MCB has timely filed all required maintenance documents with the USPTO, including declarations of continued use under Section 8 of the Lanham Act, 15 U.S.C. § 1058, and declarations of incontestability under Section 15 of the Lanham Act, 15 U.S.C. § 1065, for each registration for which such filings were due. All such filings have been accepted by the USPTO.
15. True and correct certified copies of the registration certificates for U.S. Registration Nos. 4,218,506, 5,034,771, and 5,589,320 are attached hereto as Exhibit A and incorporated herein by reference.
C. The MERIDIAN Brand's Commercial Significance
16. The MERIDIAN-branded household cleaning product line is MCB's flagship brand and its single highest-revenue product line. In fiscal year 2022, MCB's MERIDIAN-branded household cleaning products generated approximately $94.5 million in revenue. This figure represents approximately 24.4% of MCB's total consolidated annual revenue of approximately $387 million. No other single brand in MCB's portfolio accounts for a comparable share of total revenue.
17. Products sold under the MERIDIAN and MERIDIAN CLEAN marks are currently stocked in thousands of retail locations nationwide. MCB's MERIDIAN cleaning products are carried by major national grocery chains, including Bramwell Partners LLC, Westvale Partners LLC, and Sundial & Co.; by club stores, including Harborview Enterprises and Westmark Industries; and by mass-market retailers, including Walmart and Target. In addition, MCB's MERIDIAN products are sold through major e-commerce platforms, including Penmark Holdings, Walmart.com, Adriatic Corporation, and MCB's own direct-to-consumer website. The breadth of MCB's retail and e-commerce distribution ensures that the MERIDIAN mark and associated trade dress are encountered by millions of consumers across the United States on a regular basis.
IV. ADVERTISING, PROMOTION, AND BRAND INVESTMENT
18. MCB has made substantial and sustained investments in building, promoting, and protecting the MERIDIAN brand over the course of more than a decade. From 2011 through 2022 — a twelve-year period — MCB invested a cumulative total of approximately $47.2 million in advertising and promotion of the MERIDIAN-branded household cleaning product line. This equates to an average of approximately $3.93 million per year in advertising expenditures dedicated to the MERIDIAN cleaning brand alone.
19. MCB's advertising and promotional investments in the MERIDIAN brand have spanned a broad range of channels and media, including but not limited to:
(a) National television advertising, including network and cable television commercials airing during primetime and daytime programming, as well as targeted spot buys in key designated market areas;
(b) Digital media advertising, including paid social media campaigns on platforms such as Kestrel Services Inc., Northpoint Services Inc., Pinterest, and Crowne Albany Partners LLC; search engine marketing through Strathmore Systems and Northgate Solutions; and programmatic display advertising across premium digital publisher networks;
(c) Print media advertising, including advertisements in national consumer magazines, Sunday newspaper inserts, and free-standing insert (FSI) coupon programs;
(d) In-store point-of-purchase displays, including branded end-cap displays, shelf talkers, and promotional signage at major retail chains nationwide;
(e) Trade promotions, including cooperative advertising programs with retail partners, temporary price reductions, and promotional events at industry trade shows.
20. In addition to the foregoing advertising expenditures, MCB has expended substantial resources over the past decade developing and maintaining a consistent and cohesive brand identity for the MERIDIAN cleaning line. This brand identity is anchored by several key visual elements, including MCB's distinctive teal-and-white color scheme and the stylized wave device that appears in U.S. Registration No. 5,589,320. These visual elements are deployed consistently across all MERIDIAN product packaging, advertising, promotional materials, and digital properties. MCB's brand guidelines mandate strict adherence to these visual standards to ensure consistency and to reinforce consumer recognition and association.
21. The cumulative effect of MCB's sustained, multi-channel advertising and brand-building investments over a period of more than eleven years has been to build substantial consumer recognition of, and goodwill in, the MERIDIAN marks and associated trade dress. The MERIDIAN brand is recognized by consumers across the United States as a source-identifying indicator for MCB's household cleaning products. This recognition and goodwill represent the product of years of investment and effort and constitute a significant corporate asset of MCB.
22. True and correct copies of representative samples of MCB's advertising and promotional materials for the MERIDIAN cleaning product line from 2011 through 2022 — including print advertisements, digital campaign screenshots, point-of-purchase display photographs, and packaging images — are attached hereto as Exhibit B and incorporated herein by reference.
V. MCB'S TRADE DRESS
23. MCB's MERIDIAN-branded household cleaning products have employed a distinctive and consistent trade dress since the product line's initial introduction in 2011. MCB developed this trade dress through a deliberate and strategic design process, working with professional packaging designers and brand consultants, with the specific intent of creating a visual identity that would distinguish MCB's MERIDIAN products from those of competitors at the point of sale and in online marketplaces.
24. The key elements of MCB's MERIDIAN trade dress include:
(a) A teal-and-white color scheme that is used consistently across all product packaging in the MERIDIAN cleaning line, including spray bottles, trigger sprayers, canister labels, and secondary packaging such as cartons and multipacks;
(b) The stylized MERIDIAN logo featuring a distinctive wave device, as registered in U.S. Registration No. 5,589,320, which appears prominently on the front panel of all MERIDIAN product packaging;
(c) Clean, modern typography and layout, including the use of a specific sans-serif typeface for brand and product naming, ample white space, and a structured hierarchical layout that places the MERIDIAN logo and wave device in a consistent position across all product SKUs.
25. This trade dress has been used consistently and without material variation across the entire MERIDIAN cleaning product portfolio for over a decade. The overall commercial impression created by the combination of these elements — the teal-and-white color scheme, the wave device, and the clean modern typography — is unique to MCB's MERIDIAN brand and has become strongly associated with MCB's products in the minds of consumers. MCB considers its MERIDIAN trade dress to be a critical component of brand recognition among consumers and a valuable intellectual property asset.
VI. DISCOVERY OF BRINDOVAL'S MERIDIAN FRESH PRODUCT LINE
A. Brindoval Home Goods Inc.
26. Brindoval Home Goods Inc. ("Brindoval") is, upon information and belief, a Minnesota corporation headquartered in Edina, Minnesota. Brindoval operates approximately 148 retail stores across twelve (12) Midwestern and Mountain West states, including Minnesota, Wisconsin, Iowa, Illinois, Indiana, Michigan, Ohio, North Dakota, South Dakota, Montana, Wyoming, and Colorado. In addition to its brick-and-mortar retail locations, Brindoval operates a growing e-commerce platform accessible at www.crestviewhomegoods.com, through which it sells products nationwide.
27. Brindoval is a regional big-box home goods retailer that sells a broad range of household products, including home décor, kitchenware, bedding, bath accessories, and, relevant to this action, household cleaning products. Based on publicly available financial disclosures and industry reports, Brindoval's total revenue for fiscal year 2022 was approximately $2.1 billion, making it a substantial and well-resourced competitor in the home goods retail space.
B. Launch of the MERIDIAN FRESH Line
28. In or around early July 2022, Brindoval launched a private-label line of household cleaning products under the mark "MERIDIAN FRESH." The MERIDIAN FRESH product line includes, at minimum, the following product types: (a) all-purpose spray cleaner, (b) glass cleaner, (c) disinfecting wipes, and (d) dish soap. These products directly compete with, and substantially overlap, MCB's MERIDIAN-branded cleaning products in International Class 3. In particular, three of the four MERIDIAN FRESH product types — all-purpose spray, glass cleaner, and disinfecting wipes — are directly analogous to MCB's MERIDIAN all-purpose cleaner, MERIDIAN glass cleaner, and MERIDIAN disinfecting spray, respectively.
29. Based on my observations and the reports of MCB's field sales team, Brindoval's MERIDIAN FRESH products were sold in all 148 Brindoval retail locations and on Brindoval's e-commerce platform at www.crestviewhomegoods.com beginning in or around early July 2022. The products were displayed in the household cleaning aisle of Brindoval's stores, often in close proximity to national-brand cleaning products, including, in some locations, MCB's own MERIDIAN products that were also carried by the same Brindoval stores.
30. I first became aware of Brindoval's MERIDIAN FRESH products in approximately mid-August 2022, when members of MCB's field sales team in the Midwest region reported seeing the products on shelves at multiple Brindoval retail locations. Upon receiving these reports, I personally reviewed photographs of the MERIDIAN FRESH products and packaging taken by our sales team, and I immediately recognized the potential for significant consumer confusion given the near-identical use of the word "MERIDIAN" as the dominant element of the mark and the strikingly similar packaging design. I promptly escalated this matter to MCB's General Counsel, Thomas R. Hennessy, for investigation and appropriate legal action.
C. Brindoval's Pending Trademark Application
31. Following the discovery of Brindoval's MERIDIAN FRESH products, MCB's trademark counsel conducted a thorough investigation. As part of that investigation, MCB's counsel identified that Brindoval had filed U.S. trademark application Serial No. 97/412,558 with the USPTO on May 12, 2022, seeking registration of the mark MERIDIAN FRESH (standard character mark) for goods in International Class 3. The filing of this application preceded the commercial launch of the MERIDIAN FRESH products by approximately two months.
32. Brindoval's application, Serial No. 97/412,558, was subsequently examined by the USPTO and published for opposition in the Official Gazette on September 6, 2022. MCB, through its trademark counsel, is taking appropriate steps to oppose the registration of Brindoval's MERIDIAN FRESH mark in proceedings before the Trademark Trial and Appeal Board of the USPTO.
VII. CONFUSING SIMILARITY OF MARKS AND TRADE DRESS
A. Similarity of the Word Marks
33. Brindoval's mark "MERIDIAN FRESH" incorporates MCB's registered mark "MERIDIAN" in its entirety as the dominant first word of the mark. In trademark law and consumer perception, it is well recognized that the first word of a multi-word mark is generally the element that consumers are most likely to notice and remember. In the case of "MERIDIAN FRESH," the word "MERIDIAN" is the lead element and the dominant, distinguishing component of the mark.
34. The additional word "FRESH" in Brindoval's mark is a descriptive or, at most, suggestive term when used in connection with cleaning products, as it merely describes a quality or characteristic of the products (i.e., that they provide a fresh scent or a fresh, clean result). The word "FRESH" adds little, if any, distinctiveness to Brindoval's mark. The dominant and most memorable element of "MERIDIAN FRESH" is, and remains, the word "MERIDIAN" — which is identical to MCB's long-registered and well-established mark.
35. The similarity between the marks is further heightened by the fact that the marks MERIDIAN, MERIDIAN CLEAN, and MERIDIAN FRESH share the identical dominant term "MERIDIAN" and are used on identical or closely overlapping product categories within International Class 3 — specifically, household cleaning preparations. A consumer encountering "MERIDIAN FRESH" cleaning products is highly likely to believe that those products are simply a line extension, sub-brand, or new product variant from the same source as MERIDIAN and MERIDIAN CLEAN products.
B. Confusing Similarity of Trade Dress
36. The likelihood of confusion is substantially compounded by the confusing similarity of Brindoval's MERIDIAN FRESH product packaging to MCB's established MERIDIAN trade dress. Specifically, Brindoval's MERIDIAN FRESH packaging employs a teal-and-white color scheme that is strikingly similar to the teal-and-white color scheme that MCB has used consistently on its MERIDIAN cleaning products since 2011. The shade of teal used on Brindoval's packaging is virtually indistinguishable from the shade of teal used on MCB's packaging when viewed by a consumer under ordinary purchasing conditions.
37. In addition to the similar color scheme, Brindoval's MERIDIAN FRESH packaging prominently features a stylized wave device that closely resembles the distinctive wave device in MCB's registered logo mark, U.S. Registration No. 5,589,320. The wave device on Brindoval's packaging occupies a similar position, employs a similar curvature and line weight, and creates a similar overall visual impression to MCB's registered wave device. The resemblance is such that a consumer viewing Brindoval's wave device in isolation or on packaging viewed casually at the point of sale would likely associate it with MCB's well-known MERIDIAN wave logo.
38. When MCB's MERIDIAN packaging and Brindoval's MERIDIAN FRESH packaging are placed side by side, the overall commercial impression created by Brindoval's packaging is confusingly similar to that of MCB's packaging. The combination of the dominant word "MERIDIAN," the teal-and-white color scheme, and the wave device on Brindoval's packaging creates an overall look and feel that is likely to cause consumers to believe, mistakenly, that the MERIDIAN FRESH products originate from, are sponsored by, or are affiliated with MCB.
39. True and correct copies of side-by-side comparison photographs of MCB's MERIDIAN packaging and Brindoval's MERIDIAN FRESH packaging, arranged by product type (all-purpose cleaner, glass cleaner, and disinfecting products), are attached hereto as Exhibit C and incorporated herein by reference.
40. True and correct copies of close-up comparison photographs of MCB's registered wave device logo (as it appears in U.S. Registration No. 5,589,320 and on MCB's product packaging) and Brindoval's wave device as it appears on MERIDIAN FRESH packaging are attached hereto as Exhibit D and incorporated herein by reference.
VIII. EVIDENCE OF ACTUAL CONSUMER CONFUSION
A. Consumer Complaints and Inquiries
41. Since the launch of Brindoval's MERIDIAN FRESH products in or around early July 2022, MCB's customer service department has received numerous communications from consumers that reflect actual confusion between the MERIDIAN and MERIDIAN FRESH brands. These communications have come through multiple channels, including MCB's toll-free customer service telephone line, MCB's customer service email address, and MCB's official social media accounts on platforms including Kestrel Services Inc., Northpoint Services Inc., and Fenmore Solutions.
42. The specific instances of actual consumer confusion documented by MCB's customer service team include, but are not limited to, the following categories:
(a) Affiliation Inquiries: Consumers have contacted MCB's customer service line and submitted emails asking whether "MERIDIAN FRESH" is a new product line from MCB, or whether MCB has entered into a partnership, joint venture, co-branding arrangement, or licensing agreement with Brindoval. These consumers encountered MERIDIAN FRESH products at Brindoval stores and, based on the similarity of the marks and packaging, assumed that MERIDIAN FRESH was an MCB product or an MCB-endorsed product.
(b) Misdirected Product Complaints: Consumers have submitted product quality complaints to MCB regarding MERIDIAN FRESH products that they purchased at Brindoval retail locations, believing those products were manufactured by or affiliated with MCB. In these instances, consumers reported issues with the performance, scent, or other characteristics of MERIDIAN FRESH products and directed their complaints to MCB under the mistaken belief that MCB was responsible for those products. MCB's customer service team was required to inform these consumers that MERIDIAN FRESH products are not manufactured by, sold by, or affiliated with MCB in any way.
(c) Social Media Confusion: Consumers have posted comments and messages on MCB's official social media accounts — including MCB's official Kestrel Services Inc. page and Northpoint Services Inc. account — asking about the "new MERIDIAN FRESH line at Brindoval" or expressing confusion about the relationship between the MERIDIAN and MERIDIAN FRESH brands. Several such posts included comments such as "I saw your new MERIDIAN FRESH at Brindoval — love the new packaging!" and "Is MERIDIAN FRESH the same as MERIDIAN CLEAN? Confused about the difference." These social media interactions are visible to the public and compound the reputational harm to MCB by perpetuating the false impression of an affiliation.
43. From July 2022 through October 2022 — a period of approximately four months — MCB's customer service team logged a total of approximately forty-seven (47) such inquiries, complaints, and social media interactions that were directly attributable to confusion between MCB's MERIDIAN brand and Brindoval's MERIDIAN FRESH brand. I have personally reviewed these customer service records. This figure represents only those instances that were formally documented by MCB's customer service team; the actual number of confused consumers is likely significantly higher, as many consumers who are confused may not take the affirmative step of contacting a company's customer service department.
44. True and correct copies of representative, redacted samples of customer service logs, emails, and social media messages reflecting actual consumer confusion between the MERIDIAN and MERIDIAN FRESH brands are attached hereto as Exhibit E and incorporated herein by reference. Personal identifying information of individual consumers has been redacted from these samples to protect consumer privacy.
B. Internal Sales Team Reports
45. In addition to the consumer-facing evidence of confusion described above, MCB's field sales representatives have independently reported instances of confusion among retail trade professionals. Specifically, MCB's sales representatives working in Midwestern and Mountain West territories have reported that retail buyers and store personnel at grocery and mass-market retailers have asked them whether MCB is now selling its products through Brindoval, or whether the MERIDIAN FRESH line is an MCB product. These trade professionals — individuals who are generally more sophisticated than ordinary consumers about brand ownership and product sourcing — were themselves confused by the similarity of the MERIDIAN and MERIDIAN FRESH marks and packaging. The fact that even trade professionals have been confused underscores the severity of the likelihood of confusion among ordinary consumers exercising typical levels of care in purchasing decisions.
IX. HARM TO MCB'S BRAND EQUITY AND GOODWILL
A. Dilution and Erosion of Brand Identity
46. As described in detail above, MCB has invested over $47.2 million over a twelve-year period building the MERIDIAN brand into a recognized and trusted name in household cleaning products. The MERIDIAN brand's value lies not only in the revenue it generates directly, but also in the consumer goodwill, trust, and brand equity that it embodies — intangible assets that have been developed through years of consistent quality, advertising, and brand stewardship.
47. Brindoval's adoption and use of a confusingly similar mark ("MERIDIAN FRESH") and confusingly similar trade dress (teal-and-white color scheme, wave device) on directly competing household cleaning products threatens to erode the distinctiveness and strength of MCB's MERIDIAN marks. As more consumers encounter Brindoval's MERIDIAN FRESH products in the marketplace, the ability of MCB's MERIDIAN marks to serve as a unique identifier of MCB's products is progressively diminished. This dilution of distinctiveness undermines the core function of MCB's trademarks and degrades the substantial investment MCB has made in building the MERIDIAN brand over the past eleven-plus years.
48. Furthermore, consumers who encounter Brindoval's MERIDIAN FRESH products may form incorrect associations between MCB and Brindoval, including erroneous beliefs that MCB has expanded its distribution to Brindoval stores, that MCB has licensed the MERIDIAN brand to Brindoval, or that MCB and Brindoval are affiliated in some way. These false associations undermine MCB's ability to control the quality, reputation, and market positioning associated with its MERIDIAN brand.
B. Loss of Control Over Product Quality
49. MCB has no involvement in, and exercises no control over, the formulation, manufacture, quality control, or distribution of Brindoval's MERIDIAN FRESH products. MCB has not authorized Brindoval to use the MERIDIAN mark or any variant thereof, and MCB has no ability to ensure that Brindoval's products meet the quality standards that MCB applies to its own MERIDIAN products.
50. If consumers purchase Brindoval's MERIDIAN FRESH products in the mistaken belief that those products are manufactured by, sold by, or affiliated with MCB, any dissatisfaction with the quality, performance, or characteristics of those products will be attributed to MCB. Such misdirected negative impressions directly harm MCB's reputation and goodwill in the MERIDIAN brand, and MCB has no ability to prevent or remedy such harm so long as Brindoval continues to sell products under a confusingly similar mark and trade dress.
51. This type of harm — the loss of control over brand reputation and consumer perception — is ongoing and inherently difficult, if not impossible, to quantify in monetary terms. Each day that Brindoval continues to sell MERIDIAN FRESH products to consumers who may be confused as to the source or affiliation of those products, MCB's exposure to reputational harm grows.
C. Loss of Sales and Market Share
52. MCB's MERIDIAN cleaning line competes directly with Brindoval's MERIDIAN FRESH products in the same product categories, specifically all-purpose cleaners, glass cleaners, and disinfecting products. The products are offered in the same trade channels, at similar price points, and to the same consumer demographic. The competitive overlap is substantial and direct.
53. Based on MCB's market analysis and publicly available information, Brindoval's MERIDIAN FRESH line generated approximately $6.8 million in gross revenue during its first five months on the market — from July 2022 through November 2022 — with projected annualized gross revenue of approximately $16.3 million (calculated as $6.8 million ÷ 5 months × 12 months). Given the direct overlap in products, consumers, and distribution channels, and in light of the confusing similarity of the marks and trade dress, it is reasonable to conclude that a portion of Brindoval's MERIDIAN FRESH sales represents revenue that was diverted from MCB's MERIDIAN cleaning line — revenue that MCB would have earned but for Brindoval's use of the confusingly similar mark and trade dress.
54. In addition, MCB has observed a measurable softening in sales velocity of certain MERIDIAN cleaning products in geographic markets where Brindoval has a significant retail presence, specifically in Midwestern and Mountain West states where Brindoval's 148 stores are concentrated. While multiple factors may contribute to fluctuations in sales velocity, the temporal correlation between the launch of Brindoval's MERIDIAN FRESH products in July 2022 and the subsequent decline in MERIDIAN sales velocity in those same geographic markets is notable and concerning.
D. Irreparable Nature of the Harm
55. The harm to MCB's brand equity, consumer goodwill, and competitive market position described above is ongoing and will continue for as long as Brindoval's infringing products remain on the market under the MERIDIAN FRESH mark and confusingly similar trade dress. Each additional day that Brindoval sells its MERIDIAN FRESH products compounds the harm to MCB by exposing additional consumers to the confusingly similar mark and packaging, further eroding the distinctiveness of MCB's marks, generating additional instances of actual confusion, and diverting additional sales away from MCB's MERIDIAN product line.
56. Such harm cannot be adequately compensated by an award of monetary damages after trial. The erosion of brand strength, the loss of consumer trust, and the degradation of hard-won goodwill are inherently difficult, if not impossible, to quantify in dollar terms. Once consumers form incorrect associations between MCB's MERIDIAN brand and Brindoval's MERIDIAN FRESH products — or once consumers develop negative impressions of the MERIDIAN brand based on their experiences with Brindoval's products — it is extremely difficult and costly to correct those misperceptions, even through additional advertising and consumer outreach. Absent injunctive relief from this Court, MCB will suffer irreparable harm that no amount of post-trial damages can adequately remedy.
X. BRINDOVAL'S REVENUE AND SCALE OF INFRINGEMENT
57. The scale of Brindoval's infringing activity is significant. Based on publicly available information and MCB's market analysis, Brindoval's MERIDIAN FRESH line generated approximately $6.8 million in gross revenue from July 2022 through November 2022 — a period of only five months since the product line's launch. Extrapolating from this five-month figure, the projected annualized gross revenue for the MERIDIAN FRESH line is approximately $16.3 million ($6.8 million ÷ 5 months × 12 months).
58. These sales figures demonstrate that the infringement at issue is not trivial, incidental, or de minimis. Rather, it represents a substantial and deliberate commercial operation that directly competes with MCB's flagship MERIDIAN cleaning brand. Brindoval's 148 retail store locations across twelve (12) states, combined with its e-commerce platform at www.crestviewhomegoods.com, ensure that the infringing MERIDIAN FRESH products receive wide distribution and significant consumer exposure. With each passing month, the commercial footprint of the infringing products grows, and the harm to MCB intensifies accordingly.
XI. EXHIBITS ATTACHED TO THIS DECLARATION
59. The following exhibits are attached to this declaration and incorporated herein by reference:
Exhibit A: Certified copies of MCB's U.S. trademark registration certificates for Registration Nos. 4,218,506 (MERIDIAN, standard character mark), 5,034,771 (MERIDIAN CLEAN, standard character mark), and 5,589,320 (MERIDIAN, stylized logo with wave device).
Exhibit B: Representative samples of MCB's advertising and promotional materials for the MERIDIAN household cleaning product line from 2011 through 2022, including print advertisements, digital campaign screenshots, point-of-purchase display photographs, and packaging images.
Exhibit C: Side-by-side comparison photographs of MCB's MERIDIAN packaging and Brindoval's MERIDIAN FRESH packaging, arranged by product type (all-purpose cleaner, glass cleaner, and disinfecting products).
Exhibit D: Close-up comparison photographs of MCB's registered wave device logo (as registered in U.S. Registration No. 5,589,320 and as used on MCB's product packaging) and Brindoval's wave device as used on MERIDIAN FRESH packaging.
Exhibit E: Redacted samples of customer service logs, customer emails, and social media messages reflecting actual consumer confusion between the MERIDIAN and MERIDIAN FRESH brands (July through October 2022), with personal identifying information of individual consumers redacted.
XII. CONCLUSION
60. For the foregoing reasons, the continued manufacture, distribution, and sale by Brindoval of its MERIDIAN FRESH products under the current mark and trade dress causes ongoing and irreparable harm to MCB's MERIDIAN brand, its consumer goodwill, and its competitive position in the household cleaning products market. The evidence set forth in this declaration demonstrates that Brindoval's MERIDIAN FRESH mark and trade dress are confusingly similar to MCB's well-established MERIDIAN marks and trade dress, that actual consumer confusion has already occurred and is continuing, and that MCB is suffering — and will continue to suffer — irreparable harm that cannot be adequately compensated by monetary damages.
61. I respectfully submit this declaration in support of MCB's Motion for Preliminary Injunction and request that the Court grant the preliminary injunctive relief requested in MCB's motion papers.
XIII. VERIFICATION
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed on November 18, 2022, at New York, New York.
________________________________________
Rachel Dominguez Vice President, Brand Management Meridian Consumer Brands LLC 450 Park Avenue South, 14th Floor New York, New York 10016
CERTIFICATE OF SERVICE
I, Thomas R. Hennessy, General Counsel for Plaintiff Meridian Consumer Brands LLC, hereby certify that on November 18, 2022, a true and correct copy of the foregoing Declaration of Rachel Dominguez in Support of Plaintiff's Motion for Preliminary Injunction, together with all exhibits attached thereto, was filed electronically with the Clerk of Court using the CM/ECF system in Case No. 1:22-cv-09483 (S.D.N.Y.), which will send a Notice of Electronic Filing to all counsel of record registered on the CM/ECF system.
I further certify that a courtesy copy of the foregoing Declaration and all attached exhibits was served on the same date upon counsel for Defendant Brindoval Home Goods Inc. via electronic mail at the following address:
Gregory T. Halverson, Esq. Halverson McKay & Pruitt LLP 225 South Sixth Street, Suite 4200 Minneapolis, Minnesota 55402
Email: ghalverson@hmplaw.com
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Thomas R. Hennessy General Counsel Meridian Consumer Brands LLC 450 Park Avenue South, 14th Floor New York, New York 10016
Date: November 18, 2022