Professional Documents
Culture Documents
Beach.
2.
which include but are not limited to aquatic themed drawings and other artwork.
3.
featured in numerous local businesses and events and publications for more than twenty
five years.
1
4.
Plaintiff owns the copyright on one of his most prominent designs, which
7.
his website www.silasbeach.com and has received royalties and other compensation for
such works.
8.
BEACH and Design (see bottom right corner in above image). As such, the FishBone
artwork functions as a source identifier for Plaintiff and for Plaintiffs business.
9.
Plaintiff such that Defendants prominent use of the FishBone throughout its restaurant
and merchandise creates a false association with Plaintiff or otherwise creates the false
impression that Plaintiff is associated or otherwise endorses Defendants restaurant and
products.
10.
belief is the moving force behind the infringement and false association alleged herein.
12.
or legal right, Plaintiffs FishBone artwork for commercial purposes and have profited
3
Plaintiff has demanded that Defendants cease and desist from using
Defendants create the false impression that Plaintiff has endorsed Frenchys use of the
FishBone artwork, and/or that Plaintiff is someone associated with Frenchys restaurant
and products.
JURISDICTION AND VENUE
17.
This Court has jurisdiction of the subject matter of this action pursuant to
19.
Clearwater, Florida.
20.
President of Frenchys and is the moving force behind the infringement and false
association.
21.
22.
Both Plaintiff and Defendants are under the jurisdiction of the Middle
4
24.
Plaintiffs artwork has been copyrighted and registered with the assigned
The FishBone artwork is original to Plaintiff and he owns all right and title
with Plaintiff.
28.
29.
30.
Defendants did not cease and desist from using Plaintiffs FishBone
artwork.
33.
receiving actual notice of Plaintiffs rights, Defendants actions are willful and with
5
FishBone artwork.
35.
Plaintiff repeats and re-alleges each and every allegation set forth in
paragraphs 1-35.
37.
39.
and such use of the FishBone and artwork is without Plaintiffs permission, consent and
without any legal authority or right.
40.
FishBone artwork.
COUNT II
False Association Violation of the Lanham Act 15 U.S.C. 1125
43.
a false association created by Defendants use of the FishBone design with Plaintiff.
45.
Plaintiff does not endorse Defendants restaurant and products and does
damages available to Plaintiff under 17 U.S.C 101, et. seq., including but not
limited to injunctive and declaratory relief damages available under Section 504 for
damages and profits as well as attorney fees and costs under Section 505 for
Defendants violations of Section 501.
3.
1125;
7
4.
5.
6.
products bearing the Infringing FishBone artwork and the Defendants be required to
recall all such products that it has delivered, shipped or otherwise provided to any
distributors, customers, or third parties, and refund any monies paid for such
products;
8.
10.
For such further relief as this Court deems just and proper.
JURY DEMAND
s/ WJohn Gadd
W. JOHN GADD, ESQUIRE
FBN: 463061
Bank of America Building
2727 Ulmerton Road Suite 250
Clearwater, FL 33762
Telephone: (727) 524-6300
wjg@mazgadd.com