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FLORIDA RECORD

Tuesday, April 23, 2024

Condo owners, agency seek declaration over use of Land's End mark

Trademark 10

TAMPA – Treasure Island condo owners and its St. Pete Beach agency are seeking the court's help over accusations that they infringed copyrights.

Land's End at Sunset Beach Community Association Inc. and Resort Rentals Inc. filed a complaint for declaratory judgment on April 6 in the Tampa Division of the Middle District of Florida against Land's End Acquisition Corp. of Alaska.

According to the complaint, the plaintiffs allege that on Sept. 29, 2015, they received a letter from the defendant in which its president Jonathan D. Faulkner alleged that the plaintiffs infringed on supposed trademark rights to the term Land’s End marks allegedly owned by defendant. The plaintiff alleges Land's End Acquisition Corp. relentlessly used coercion and the threat of trademark infringement litigation against them if either or both of them do not accept its offer to do business and intentionally withheld and failed to notify the U.S. Patent and Trademark Office of the plaintiffs' existence and its use and its dates of use, and failed to amend or correct its certification to the USPTO.

The plaintiffs request a trial by jury and seeks a declaration that they do not infringe any existing trademarks, an order for defendant to be enjoined and restrained permanently from interfering with the use of Land's End marks, an award for reasonable attorneys’ fees and costs and for such other and further relief as the court may deem appropriate. They are represented by Frank R. Jakes of Johnson, Pope, Bokor, Ruppel & Burns LLP in Tampa.

Tampa Division of the Middle District of Florida Case number 8:16-cv-00828

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