FORT MYERS – A North Carolina company alleges counterfeit versions of its karaoke tracks were used at a Sanibel Island restaurant.
Phoenix Entertainment Partners LLC filed a complaint on Nov. 29 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against George and Wendy's Tropical Grill LLC, Eric Lindsey and Karaoke with Andrea LLC alleging trade dress infringement, unfair competition and other counts.
According to the complaint, the plaintiff owns the Sound Choice brand of karaoke accompaniment tracks. The plaintiff holds George and Wendy's Tropical Grill LLC, Lindsey and Karaoke with Andrea LLC responsible because Karaoke with Andrea, owned by Lindsey, allegedly used the plaintiff's mark with karaoke accompaniment tracks without permission at George and Wendy's Tropical Grill LLC.
The plaintiff requests a trial by jury and seeks award all profits and damages to the plaintiff, statutory damages of up to $2 million per mark infringed, $25,000 for each karaoke system, $50,000 for each establishment, injunctive relief, all legal fees and any other relief as the court deems just. It is represented by Woodrow H. Pollack of GrayRobinson, P.A. in Tampa.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00852-UA-MRM