Grumpy Cat cleans up coffee copyright claim
The owners of internet sensation Grumpy Cat have been awarded $710,000 in damages, after a jury found that a coffee company had infringed their IP.
Grumpy Cat, based in the US, is a celebrity feline who first gained attention in 2012 due to her unique grouchy expression.
Grumpy Cat’s owners, under the business name Grumpy Cat, filed a lawsuit in November 2015 at the US District Court Central District of California, Southern Division against Grenade Beverage, for “blatantly infringing” Grumpy Cat’s copyright and trademarks and for breach of contract.
The owners of the cat have copyright illustrations and photographs of Grumpy Cat, including US copyright numbers VA000184042, VA0001849043, VA0001849044, and VA0001901628.
Grumpy Cat’s owners also have exclusive rights to a trademark depicting an image of Grumpy Cat. They also own word marks in international classes 21, 25, 41, for tea and coffee mugs, clothing, and website services relating to the image and name of the cat.
According to the owners, Grenade violated the terms of a licensing agreement the parties made in 2013.
The owners had originally granted Grenade limited rights to the brand for a branded iced-coffee called ‘Grumppuccino’. However, the coffee company then allegedly used pictures of the cat to sell other items, including roasted coffee and clothing, without authorisation.
In August 2016, Grumpy Cat’s owners filed a proposed judgment, asking the court to prevent Grenade from selling any products associated with the feline’s brand.
Grenade countersued, claiming that Grumpy Cat had failed to promote Grenade’s products on social media, as required by the licensing agreement. The coffee company requested $12 million in damages based on lost revenue.
On Monday, January 22, the jury returned its verdict and rejected Grenade’s counterclaim.
The jury awarded the owners of Grumpy Cat $230,000 for copyright infringement and $480,000 for trademark infringement. In addition to the $710,000, $1 in nominal damages was awarded for breach of contact.
David Jonelis of Lavely & Singer represented the company Grumpy Cat in the dispute. Speaking to WIPR he said: "Grumpy Cat Limited is extremely satisfied with the jury’s verdict, and believes that the verdict was fair and just."
According to Court House News the cat, whose real name is Tardar Sauce, made a brief appearance during the trial.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today’s top stories
Sam Gyimah named as new UP IP minister
Chinese wind turbine company convicted of IP theft
CJEU dismisses EUIPO appeal in Nestlé trademark dispute
AG advises CJEU to reject EUIPO appeal in Puma case
