MIAMI — Miami-Dade County sued a company for allegedly infringing on its trademark in the U.S. District Court for the Southern District of Florida on Oct. 19.
The trademark in question is for the term VIZCAYA, which defendant J&R United Industries allegedly used for the sale of towels and bedding products.
The county sued for False Designation of Origin in Violation of Section 43 of the U.S. Trade Mark Act (also known as the Lanham Act). The county also sued for Trademark Infringement in Violation of Federal Common Law, Cancellation of Trademark Registration, Trademark Infringement in Violation of Florida Common Law, Unfair Competition in Violation of Florida Common Law, and Dilution of Violation of Florida Statute 495.151.
The county filed the lawsuit as the owner of VIZCAYA Museum & Gardens, located in Miami, which is a National Historic Landmark and museum, according to the America Alliance of Museums.
The county owns a trademark for the Vizcaya term, including for its use in exhibition services, education, products such as glasses, mugs, tea seats, post cards, printed books, T-shirts, baseball caps, scarves, towels, and other goods and services including social events, wedding receptions and corporate meetings.
The county said J&R allegedly violated these trademarks when it used the VIZCAYA name on its towels, allegedly even using the same font and style.
The plaintiff also pointed out that J&R’s operations were only a couple of miles away from the VIZCAYA Museum & Gardens, so it was very possible that customers would get confused by J&R’s products.
The county asked for J&R to stop using the trademark, as well as award for compensatory, consequential, statutory and punitive damages.