Meowingtons claws back at Deadmau5 in TM suit
Record producer Deadmau5, also known as Joel Zimmerman, has been named in a trademark infringement lawsuit by a cat-themed online store in the US.
Meowingtons filed its suit against Deadmau5 at the US District Court for the Southern District of Florida, Fort Lauderdale Division, on Monday, March 13.
In January, WIPR reported that Deadmau5 had filed a trademark cancellation suit at the US Patent and Trademark Office (USPTO) against Meowingtons.
Emma Bassiri, the CEO of Meowingtons, had filed a trademark at the USPTO in July 2014, to accompany her online cat-themed business. The mark was granted in March 2015.
Deadmau5 asked for the mark to be cancelled as it was confusingly similar to the trademark ‘Prof Meowingtons’, which he filed in 2015.
The mark refers to his black and white cat, which he adopted in 2010.
He named the cat “Prof Meowingtons PhD” or “Meowingtons” for short because of its “incessant meowing”.
The cancellation suit alleged that Deadmau5 had used the term in commerce since 2011.
But Meowingtons (the business) clawed back—in its claim at the district court, Meowingtons argued that its trademark had been infringed, that Deamau5 had competed unfairly and that he had falsely endorsed and designated origin.
Meowingtons argued that it has used the ‘Meowingtons’ mark since at least April 1, 2014.
The mark covers goods for cat-themed accessories such as jackets, baseball hats, leggings and jumpers.
The suit added that Deamau5 “sought to capitalise on Bassiri’s vision” and did so with a “negative media campaign” intended to disparage Bassiri and Meowingtons.
Meowingtons asked for pre- and post- judgment interest, profits, triple damages, any other relief the court may deem just and appropriate, and a jury trial.
Michael Santucci, attorney at law firm Santucci Priore, and the lawyer acting on behalf of Meowingtons, told WIPR: "I'm proud of my client for standing up for her rights."
He added: "She didn't start this cat and mouse fight, but she would like some good to come from it by directing attention to her Meowingtons.com Free Adoption Day with the Broward County Humane Society (BHS) and to encourage people to donate to the BHS or their local Humane Society".
Santucci said he trusted the court will do justice.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
