JACKSONVILLE — An entertainment company is suing The Travel Channel LLC, Scripps Networks LLC and Scripps Networks Interactive Inc., all Delaware companies, citing alleged trademark infringement and unfair competition.
Eastland Music Group LLC filed a complaint on Oct. 18, in the U.S. District Court for the Middle District of Florida against the defendants alleging that they obtained profit through the use of infringing trademarks.
According to the complaint, the plaintiff alleges that, Eastland Music Group LLC owns registered trademarks of "Phifty-50" and "50/50" and began using them in connection with its entertainment services and products since December 2000. The plaintiff discovered that the defendants used and promoted the trademarks for the benefit of its Travel Channel network without permission from the plaintiff, and as a result, the plaintiff will continue to be harmed by losing control over its goodwill and the diminution of its reputation and trademarks.
The plaintiff holds The Travel Channel LLC, Scripps Networks LLC and Scripps Networks Interactive Inc. responsible because the defendants allegedly refused to stop using the trademarks of the plaintiff thereby causing confusion and mistakes among consumers as to their true affiliation and obtained profit at the expense of plaintiff.
The plaintiff requests a trial by jury and seeks judgment in its favor, permanent injunction and restraining order, proof of destruction of all infringing products and materials, all profits from the illegal use of the trademarks, treble damages, attorneys' fees, costs and further relief as the court may deem just. They are represented by Richard S. Vermut of Driver, McAfee, Peek & Hawthorne PL in Jacksonville and Gerald C. Willis Jr. of McAndrews, Held & Malloy Ltd. in Chicago.
U.S. District Court for the Middle District of Florida Case number 3:16-cv-01318