US network sued over ‘Duck Dynasty’ clothing line

24-07-2014

US network sued over ‘Duck Dynasty’ clothing line

Cameron Whitman / Shutterstock.com

A US broadcaster is facing a trademark lawsuit over merchandise it has helped to produce that uses a popular saying from TV series Duck Dynasty.

According to a complaint filed by Florida-based clothing company Hajn, Inc, A&E Television Networks has been using the “my favorite color’s Camo” (sic) quote on clothing and merchandise as well as promoting it on social media.

But Hajn said it has been selling its own brand of clothing using the phrase since 2011, a year before Duck Dynasty was first aired, and that it also has a registered trademark for it.

Duck Dynasty, now in its sixth season, tells the story of the Robertson family, who become rich after making a business selling products for duck hunters.

In the show one of the characters, Si Robertson, also said the words, which led to it becoming marketed on merchandise and clothing as well online through social media. Camo is short for camouflage.

In the lawsuit, filed at the US District Court for the Southern District of Florida, Hajn said A&E has partnership deals with retail outlets including Wal-Mart, as well as department store Sears.

Hajn said it sent a cease-and-desist letter to A&E in June that was ignored.

"A&E's conduct constitutes clear acts of unfair competition that risks considerable consumer confusion in that customers purchasing apparel from A&E believe that these goods are affiliated, sponsored, endorsed or related to Hajn," the complaint said.

Hajn added that it could also make consumers believe it was selling Duck Dynasty related clothing.

A&E generated $400 million in revenues from sales of Duck Dynasty branded merchandise at Wal-Mart in 2013 alone, the complaint alleged.

The lawsuit is demanding that A&E stop its marketing of “my favorite color’s Camo” as well as damages.

A&E said it does comment on pending litigation.

A&E, trademark, Hajn, Duck Dynasty

WIPR