from www.businessweek.com – Vivid Entertainment Inc., one of the makers of adult films who are challenging a Los Angeles ordinance requiring actors in pornographic films to use condoms, sued a Florida nightclub for trademark infringement.
According to the complaint filed July 15 in federal court in Fort Myers, Florida, J&B PB LLC and its owner Jose Baserva of Fort Myers are accused of using Vivid’s marks without authorization.
Vivid, which claims in court papers it has “established wide recognition and goodwill with the general consuming public as one of the world’s largest producers of high quality erotic and adult entertainment,” said it had a previous dispute with Baserva over the Vivid marks.
In May, Vivid said, Baserva’s business agreed to quit using the Vivid marks for its Vivid Cabaret Nightclub. It also said it would quit using an Internet domain name to which Vivid objected, vividcabaret.com.
Vivid accused Baserva of filing an application with the U.S. Patent and Trademark Office April 23 to register “Vivid Cabaret” for adult-entertainment nightclubs. Baserva is planning to open other nightclubs beyond the Ft. Myers site, also using the “Vivid Cabaret” name, Vivid claimed in its pleadings.
The Los Angeles-based film company asked the court to bar any use of its marks by the defendant, and for an award of money damages, attorney fees, litigation costs and profits the defendants derived from their alleged infringement.
Vivid, which is known for its marketing of the Kim Kardashian and Tila Tequila sex tapes, also requested that it be transferred the domain name to which it objects, and that the court order the destruction of all infringing promotional material.
Baserva didn’t respond immediately to a message seeking comment sent through Vivid Cabaret’s page on Facebook Inc. (FB:US)’s social media site.
The case is Vivid Entertainment LLC v. J&B PB LLC, 2:13-cv-00524-JES-DNF, U.S. District Court, Middle District of Florida (Fort Myers).