An affiliate of Starwood Capital Group, SH Group Global IP Holdings has filed a lawsuit in the Florida Southern District Court against Collins Avenue Condominium Association for trademark infringement.
SH Group Global IP Holdings alleges that Collins Avenue Condominium Association and its president, John Bostany is using 1 Hotel and Homes branding, including logos, owned by SH Group without permission or authorization.
The plaintiff reportedly said that the defendants produced merchandize with 1 Homes on it and still went ahead to petition the U.S. Patent and Trademark Office to use the 1 Hotel and Homes trademark in relation to its condominium association services, apparel, beach towels, and various other goods and services.
The plaintiff reportedly said that SH Group has tried all in good faith to negotiate an amicable resolution with the defendants but all to no avail as the defendants have refused to cease interfering with and infringing SH Group’s trademark rights.
“The Association’s use of a mark confusingly similar to SH Group’s 1 Hotels & Homes in connection with condominium services is likely to make consumers mistakenly believe there is a connection, sponsorship, or association between the Association and SH Group,” the plaintiff reportedly said.
According to the lawsuit, the plaintiff claims that the association use of the mark is having a negative effect on the investments of other unit owners as well as breaching contractual obligations agreed to by all 1 Hotel South Beach condo owners.
The plaintiff said the infringement has caused lots of damages, confusion, and unfair competition.
The case is ongoing.
SH Group Global IP Holdings, L.L.C. v. 2399 Collins Avenue Condominium Association, Inc. et al
|Court:||Florida Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||June 12, 2020|