Pink Floyd (1987) Limited is the business entity for the iconic band Pink Floyd. Pink Floyd has been in existence since 1965 and been in the Rock and Roll Hall of Fame since 1996.
Since the initial launch of their band products, the Pink Floyd trademarks have been promoted continuously by Pink Floyd (1987) Limited.
The promotions include print media, the Pink Floyd website, other social media sites, and authorized sellers. These trademarks are distinctive and identify merchandise as “Pink Floyd merchandise.” These marks have been registered and Pink Floyd (1987) Limited has the exclusive rights to use them under 15 U.S.C. § 1057 (b). These trademarks also qualify as “famous” pursuant to the use of the term in 15 U.S.C. § 1125 (c)(1) because they have been used continuously and never abandoned. Due to their efforts, the Pink Floyd marks have become highly recognizable around the world and exclusively identify products as part of Pink Floyd.
Pink Floyd (1987) Limited is suing individuals and business entities who reside in the People’s Republic of China or other jurisdictions. Each Defendant targets the United States and has offered to sell, has sold, and continues to sell counterfeit Pink Floyd products to consumers within the United States.
Defendants in this case have created numerous domain names linked to fully interactive websites and marketplace listings which were offering for sale, selling, and importing counterfeit Pink Floyd products to consumers in this Judicial District and throughout the United States. These internet sites selling counterfeit products have been estimated to receive tens of millions of visits per year and to generate over $135 billion in annual online sales.
This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the registered Pink Floyd trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods.
The Pink Floyd trademarks are highly distinctive marks. Consumers have come to expect the highest quality from Plaintiff’s products provided under the Pink Floyd trademarks. Defendants have manufactured and sold products using the Pink Floyd marks without permission. Plaintiff is the exclusive owner of the Pink Floyd trademarks. Plaintiff’s United States Registrations for the Pink Floyd trademarks are in full force and effect.
Defendants’ activities constitute willful trademark infringement and counterfeiting under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
Defendant Internet Stores often include images and design elements that make it very difficult for consumers to distinguish such counterfeit sites from an authorized website. Defendants further perpetuate the illusion of legitimacy by offering “live 24/7” customer service and using indicia of authenticity and security that consumers have come to associate with authorized retailers.
Plaintiff has not licensed or authorized Defendants to use its Pink Floyd trademarks, and none of the Defendants are authorized retailers of genuine Pink Floyd products. Defendants’ use of the Pink Floyd trademarks in connection with the advertising, distribution, offering for sale, and sale of counterfeit Pink Floyd products, is likely to cause and has caused confusion, mistake, and deception by and among consumers and is irreparably harming Plaintiff.
Plaintiffs are also suing for False Designation of Origin under 15 U.S.C. § 1125 (a) of the Lanham Act.
Defendants’ promotion, marketing, offering for sale, and sale of counterfeit Pink Floyd products has created and is creating a likelihood of confusion, mistake, and deception among the general public as to the affiliation, connection, or association with Plaintiff.
By using the Pink Floyd trademarks in connection with the sale of counterfeit Pink Floyd products, Defendants create a false designation of origin and a misleading representation of fact as to the origin and sponsorship of the counterfeit Pink Floyd products.
Pink Floyd is looking for the court to enter a judgment against the defendants and keep them from using the Pink Floyd trademarks or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine Pink Floyd product or is not authorized by Plaintiff to be sold in connection with the Pink Floyd trademarks.
Pink Floyd is also looking for monetary compensation in the form of all profits realized by Defendants by reason of Defendants’ unlawful acts herein alleged, and that the amount of damages for infringement of the Pink Floyd trademarks be increased by a sum not exceeding three times the amount thereof as provided by 15 U.S.C. § 1117.
