Deadmau5 claims no smoke without fire in trademark suit

Electronic dance music artist and producer Deadmau5 has sued a Californian e-cigarette company for trademark infringement.

Through his subsidiary Ronica, Deadmau5 said that West Coast Vape Supply is manufacturing, marketing and distributing products under the mark ‘Deadmodz’ and infringing the ‘Deadmau5’ mark.

According to the lawsuit, the infringement is causing actual confusion in the marketplace, “chilling Ronica’s licensing programme and depriving Ronica of the ability to control the use of its valuable intellectual property”.

The lawsuit was filed at the US District Court for the Central District of California on March 31, and also targets Alham Benyameen and Andy Michael Ibrahim, the company’s principals.

Deadmau5, whose real name is Joel Zimmerman, is also suing for false association. The producer is seeking a permanent injunction and damages (both actual and punitive).

“This case arises out of defendants’ blatant attempts to exploit for their own commercial benefits the iconic ‘deadmau5’ (pronounced ‘dead mouse’) brand developed and cultivated by Ronica’s principal, the internationally-renowned and respected electronic dance music artist and producer, Joel Zimmerman, who uses ‘Deadmau5’ as both his stage name and a trademark,” said the lawsuit.

West Coast began supplying the vaping products under the Deadmodz name in autumn 2014, the lawsuit said.

Deadmau5 argued that the Deadmodz name is confusingly similar in appearance, sound and commercial impression.

The lawsuit added: “On information and belief, defendants intentionally chose to use a mark that closely imitates the ‘Deadmau5’ marks so that they could trade on and profit from the goodwill that Deadmau5 and Ronica have expended [for] more than a decade.”