Claws sheathed in Deadmau5 cat fight
Record producer Deadmau5 has reached a settlement with cat-themed retailer Meowingtons, bringing their cat fight over trademark ‘Meowingtons’ to an end.
The parties’ joint notice of settlement and stipulation of dismissal with prejudice were filed at the US District Court for the Southern District of Florida on Friday, March 2, and the court dismissed the matter the same day.
Canadian record producer Deadmau5, also known as Joel Zimmerman, adopted a black and white cat in 2010. Due to its persistent meowing, Deadmau5 named it “Prof Meowingtons, PhD”, or “Meowingtons” for short.
Deadmau5 filed to register ‘Prof Meowingtons’ at the US Patent and Trademark Office in 2015 in international classes 9, 16, 18, 21, 24, 25, 28, and 41, covering goods such as music accessories, printed matter, bags, and clothing.
In May 2016, the application was refused due to its similarity to the earlier registered mark ‘Meowingtons’ (number 86,338,038). That mark is owned by Emma Bassiri, CEO of cat-themed shop Meowingtons. Bassiri’s mark covers goods for cat-themed products including clothing, jewellery, and bags.
As reported by WIPR, Deadmau5 filed a trademark cancellation suit against Meowingtons.
The producer claimed that he had used the term in commerce since 2011 and that Bassiri’s ‘Meowingtons’ mark, which was registered in March 2015, shows a false association under the Lanham Act and was fraudulently obtained.
In response, Meowingtons filed a trademark infringement lawsuit against Deadmau5, requesting profits and triple damages.
Deadmau5 clawed back with a counterclaim in May 2017, alleging that the rival mark was tarnishing the reputation and goodwill of Deadmau5’s ‘Meowingtons’ brand, which had been used in a music video and album, as well as on branded headphones.
The record producer’s suit also claimed that he had headlined a Meowingtons-branded tour, which played across the US and Canada.
According to the notice of settlement and the stipulation of dismissal, the parties have put their claws away.
The terms of the agreement are unknown but the notice of settlement said that an “amicable settlement of all matters” has been reached.
Chief Judge Michael Moore dismissed the matter with prejudice as requested, retaining the jurisdiction to enforce the settlement agreement.
Both parties have been approached for further information regarding the terms of the agreement.
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