Fulton & Roark files trademark infringement suit against Michael Malul

Fulton & Roark, a luxury personal fragrance company, has filed a lawsuit against Michael Malul in which Fulton & Roark alleges infringement of Fulton & Roark’s trademarked fragrance name, “BLUE RIDGE®”.

Fulton & Roark launched in the summer of 2013 and has built a reputation for its assortment of solid fragrances and other bath and body products in a range of scents, all with an emphasis on elevated design.

One of Fulton & Roark’s most popular fragrances, BLUE RIDGE®, has been available for sale since 2019 and has been granted federal trademark protection for cologne and other goods. Fulton & Roark has sold BLUE RIDGE® in hundreds of premium boutiques throughout the United States and on its own website. Through those sales efforts and extensive social media and advertising campaigns, Fulton & Roark has built a valuable brand around the BLUE RIDGE® name.

However, Michael Malul launched a fragrance of its own using the “Blue Ridge” name and continues to sell it today. As soon as Fulton & Roark became aware of this, they contacted the offices of Michael Malul, and when they received no response, contacted Michael Malul’s legal team. While Michael Malul’s team has acknowledged Fulton & Roark’s messages, they have made no visible attempts to cease selling a fragrance with the same name as Fulton & Roark’s.

The team at Fulton & Roark has invested countless hours and millions of dollars in advertising and sales to help grow the BLUE RIDGE® brand. Fulton & Roark alleges that rather than create a name of their own, Michael Malul has attempted to create a shortcut and profit off the hard work, excellent customer service, and goodwill of Fulton & Roark. Fulton & Roark alleges that through in-store and online sales of its so-called “Blue Ridge” products, Michael Malul has caused tremendous harm to Fulton & Roark’s reputation and financial position. Fulton & Roark further alleges that these actions are a clear violation of Fulton & Roark’s trademark rights.

“While we take no joy in this legal action, our filing is an important effort to protect our brand’s good name and reputation. Furthermore, it is our best effort to protect our customers from being confused into buying products that have nothing to do with Fulton & Roark,” said Fulton & Roark co-founder Kevin Keller.

The complaint has been filed in North Carolina Superior Court. Fulton & Roark is seeking injunctive and monetary relief. Fulton & Roark is represented in this lawsuit by Womble Bond Dickinson (US) LLP.

About Fulton & Roark, LLC

Fulton & Roark specializes in “AMERICAN FINE FRAGRANCE®”, creating unique personal scents for its customers with an emphasis on elevated design and performance. Each of the company’s fragrances is inspired by places across the United States. Fulton & Roark strives to inspire and delight customers with creative scents, excellent customer service, and a friendly approach to fragrance, which admittedly can be an esoteric area.
Fulton & Roark seeks out the best ingredients available in the world and takes care to source them safely and responsibly. Fulton & Roark then combines those ingredients to create a mood and a vibe that speaks to how you want to feel, and how you choose to express yourself and your sense of style.