Boston film festivals battle over ‘IFF’ marks
Two film festivals held in Boston each year are going head to head in a trademark dispute surrounding the terms that the festivals are marketed under.
In a complaint filed at the US District Court for the District of Massachusetts yesterday, July 27, the Independent Film Society of Boston accused the Boston International (BI) Film Festival of deliberately using different names in order to cause confusion.
The Independent Film Society of Boston has been running since 2003. The not-for-profit festival, set up by the society, takes place in April each year.
More than 100 films, as well as panels and social events, are held.
The festival promotes itself with registered trademarks including the terms ‘IFF Boston’, ‘IFFBoston’, and ‘IFFB’, and also via the @IFFBoston Twitter handle.
The separately run BI Film Festival was also set up in 2003 and has historically been held in July, “several weeks after” the Independent Film Society’s festival.
However, according to the complaint, in or around 2009 the BI festival changed the date of its event from June to April, thus coinciding “within a week or two” of the Independent Film Society’s festival.
Furthermore, last year, the Independent Film Society claimed that the BI festival began promoting its event using the marks ‘Boston IFF’ and ‘BostonIFF’, which it said are “remarkably similar to the IFF Boston marks”.
“Not surprisingly, and exacerbated by the close proximity in dates between the festivals, the public has been confused by the name change,” the complaint said.
It added that numerous people had tagged the incorrect Twitter handle when tweeting about the festivals and several film producers and directors had mistakenly submitted their movies to the wrong festival.
“BI Film Festival knowingly, wilfully and intentionally used the ‘IFF Boston’ marks to trade on the goodwill symbolised by the ‘IFF Boston’ marks and the reputation for quality and excellence that they embody.”
The Independent Film Society is seeking a trial by jury as well as damages and attorneys’ fees.
