Name Worth More Than Change for 99 Cents

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It might be the only thing worth more than 99 cents in the entire chain, and 99 Cents Only Stores is fighting hard to keep it its name, that is.


The City of Commerce-based discount retailer has been trying to protect its brand name by establishing trademarks on a growing list of similar names, including 99 & #728; Only Stores and 99 & #728; Only.


However, it lost a ruling this month in its battle to keep another dollar store from using its trademark logo.


99 Cents Only claims that the owners of a Florida company called 99 Cent Supercenter copied its magenta and green-blue logo in advertising circulars distributed to promote the grand openings of two of its stores last year, according to documents filed in U.S. District Court in Los Angeles.


The company also used the same oval shape, streamers and balloon backdrop of 99 Cents Only ads and the same quirky slogan that the stores would be “open 9 a.m. to 9 p.m., 9 days a week!” the filings said.


“99 Cent Supercenter has copied virtually every detail of these circulars, including the layout, configuration, design, text, colors, fonts and motifs,” said 99 Cents Only in court papers.


99 Cents Only claims that 99 Cent Supercenter got the idea after hiring a consultant who told them to copy “Dave Gold’s ad,” referring to the chief executive and founder of 99 Cents Only, according to court papers.


99 Cent Supercenter asked to dismiss the case on grounds that it should not have been filed in Los Angeles. A federal judge in Los Angeles agreed.


“It’s a complete victory in our camp, and we’re very happy,” said Greg Hill, a Long Beach attorney representing 99 Cent Supercenter. 99 Cents Only can re-file its lawsuit in Florida and pursue the case there.


A lawyer for 99 Cents Only, Kristin Escalante of Munger Tolles & Olson LLP, said the retailer will “vigorously enforce its rights.”

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