Some notes on a few recent filings throughout Florida. Lots of trademark litigation:
- MARCEL FASHIONS GROUP, INC. and A Florida corporation, Plaintiff, v. KMART CORPORATION, 2015 WL 904152 (S.D.Fla.): A Miami-based clothing manufacturer is suing Kmart for trademark infringement, unfair competition and violations of FDUTPA. According to the complaint, Marcel owns the trademark for the phrase “Get Lucky” as used in connection with various clothing articles. And apparently Kmart is selling products that contain the phrase “Get Lucky” without Marcel’s permission and in violation of its trademark.
- GRENDENE USA, INC., a Delaware Corporation, Plaintiff, v. James W. BRADY, an individual; Patricia M. Brady, an individual; Patricia Maria Duhart Martins Brady a/k/a Patrixia Martins a/k/a Patrixia Brady, an individual; and, Made in Brazil, Inc., a California Corporation, Defendants., 2015 WL 848109 (M.D.Fla.): More trademark infringement, this time from the MDFL. Grendene is a large Brazillian shoe manufacturing company with its US operations based in Orlando. Around 2010, Plaintiffs came up with a flip flop that they branded Ipanema (named after a neighborhood in Rio de Janeiro). Plaintiffs then registered their Ipanema brand and pattern with the USPTO. Another company – Made in Brazil, Inc. – had previously used the name Ipanema in connection with swimwear. But made in Brazil exited the market in 2006. When Plaintiff’s Ipanema branded sandals became big sellers, Defendants allegedly decided to reenter the swimwear market and try to leverage the popularity of the other Ipanema brand. Per the complaint, Defendants “mounted a huge display of Grendene’s Ipanema Pattern Mark in their booth during at least one trade show in Florida.” Interesting.
- LEGACY ENTERTAINMENT GROUP, LLC, a Florida limited liability company, Plaintiff, v. ENDEMOL USA INC., a California corporation; Shine America Studios, Inc., a California corporation; and Shine America Studios, LLC, a California limited liability company, Defendants., 2015 WL 926733 (M.D.Fla.): Another trademark case out of the Middle District. Legacy produces a tv program called Glory Days, in which professional athletes share stories and memories from their careers. Legacy has trademarked the Glory Days brand as used in connection with its television programming. Defendant Shine America is the producer of the popular show The Biggest Loser. In 2014, Shine began airing a program called The Biggest Loser: Glory Days. Legacy is suing alleging that Shine’s use of the phrase “glory days” in connection with The Biggest Loser: Glory Days infringes its trademark and constitutes unfair competition. I don’t buy it. Yes, Legacy trademarked the phrase “glory days”. The trademark was for an “interview and storytelling show.” First, if you search Google for [glory days sports interview], you get a link to a TV show that (apparently) focuses on the financial aspect of athletes transitioning from sports of life in the business world. This TV show is called “From Glory Days.” I have no idea if this is Legacy’s program or something else. Let’s say it is. There is no way on earth that the television viewing public is going to confuse this program with The Biggest Loser Glory Days. It’s just not happening.