Claws are out as counterclaim filed by Deadmau5 in cat trade mark clash
Written by Ellis Sweetenham on 15 May 2017« Return to Reading Room
In December 2016, Deadmau5, Canadian record producer with real name Joel Zimmerman, filed a cancellation application, claiming that a cat-themed store Meowingtons name and corresponding trade mark application claiming their mark was confusingly similar to his own.
The store filed their trade mark application in July 2014, which was granted in March 2015.
With his cat’s meowing habits an inspiration, Deadmau5 chose to name the cat Professor Meowington, after adopting him in 2010.
Clawing back from the claim which stated the store was creating a false and deceiving association with the producer’s name invention, Meowington’s store named Deadmau5 in a trade infringement claim in March this year.
This was clearly in response to the initial claim as it stated that Deadmau5 had sought to capitalise on the store’s vision and create a negative media campaign against the store.
Coming out fighting, in response Deadmau5 filed a counterclaim.
This counterclaim involves a US trade mark that Deadmau5 filed in 2015 for ‘Prof Meowingtons’ which he had claimed to have been using since 2010 and in commerce in 2011. This use in commerce related to a Meowington tour, with corresponding video and merchandise.
The claim was therefore based on the fact that any further use of the Meowington’s store mark will tarnish the reputation and goodwill of Deadmau5’s mark. This damage to the reputation is evidenced after Meowington’s store products were deemed untrustworthy and of inferior quality.
Deadmau5 is seeking injunctive relief, damages, profits and the cancellation of the store’s trade mark and website.
This has definitely been a full-on trade mark battle, with the outcome eagerly awaited.
Lawdit Solicitors will bring you any updates as they develop, as always Lawdit are on the cusp of IP developments.
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