Wednesday, February 2, 2011

Traverse Internet Law Federal Court Report: November 2010 - Trademark Infringement Cases

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.

FILED: 10/26/2010

Fantasy Fest is a huge party around Halloween each year in Key West featuring vast quantities of libations and scantily clad, air brush painted attendees. You just wouldn’t get the idea that Key West would worry about a couple of knock-off t-shirts. The bottom line is that every business, including some non-profit government organizations like the Plaintiff, have to protect their trademark or it will be lost. The same applies to your business, although paying a huge amount to file a lawsuit isn’t always necessary to protect your trademark. Keep in mind that you must be policing the web and taking action against those who are infringing on your trademark or you will ultimately lose your rights in your own name.

The Plaintiff is a non-profit corporation with a primary goal of helping economic growth and development in Key West, Florida. As part of this effort Plaintiff has continuously promoted and marketed its annual festival services including one under the trademark “Fantasy Fest”, which is a cooperative effort between the Plaintiff, the city of Key West and private businesses in Key West. Zazzle is an online retail store that offers an “on demand” platform that allows anyone to create t-shirts and the like. Plaintiff alleges that Zazzle is selling “Fantasy Fest” related products and claims they are “official” products of Fantasy Fest.

The Plaintiff alleges trademark counterfeiting, trademark infringement, unfair competition, palming off, false designation of origin or source, trademark dilution, and civil conspiracy. Plaintiff requests preliminary and permanent injunctive relief along with actual damages, treble damages, and reasonable attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1452.

No comments: