The Smitten Kitten Inc., a Minneapolis-based marketer of adult sex toys, has initiated a trademark infringement lawsuit against a Cincinnati man operating an online sex toy business.
The suit claims that Mike Fernandez (doing business as Sex Toys Revolutions), has since 2008 used website URLs with the Smitten Kitten name, infringing on the Minneapolis firm’s 2006 trademark. The trademark’s specifics are listed below:
Word Mark
THE SMITTEN KITTEN A TRULY FEMINIST SEX TOY STORE
Goods and Services
IC 035. US 100 101 102. G & S: Retail stores featuring sex toys, books and videos. FIRST USE: 20030602. FIRST USE IN COMMERCE: 20030602
Mark Drawing Code
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code
03.01.04 - Cats, domestic Cats; Kittens
26.11.21 - Rectangles that are completely or partially shaded
The suit claims Fernandez’ use of the name causes confusion to consumers and “creates the false and misleading impression that (Smitten Kitten) sponsors or otherwise approves of his use of the mark, and/or endorses or profits from the products and services marketed.”
A quick Google of “smitten kitten” shows the plaintiff’s website as the first result, but it would be interesting to know how far back Mr. Fernandez’s use of the term goes, as trademark rights accrue through use, regardless of whether the mark is federally registered.
No comments:
Post a Comment