The Clash, a company representing UK punk band has filed a lawsuit in the U.S. District Court for the Central District of California against Wilson Sporting Goods over tennis rackets bearing the band’s name.
Dorisimo, a company established by members of The Clash in 1979, accused Wilson of infringing its trademarks which it owned and is registered with U.S. trademark number 3963968 for ‘The Clash’ in classes 9, 25, and 41, covering goods and services including sound recordings, clothes, and DVDs.
The plaintiff reportedly said that Dorisimo have also filed an application for the mark to cover tennis shoes in class 25 earlier this year and had since 2010 sold and marketed sneakers and tennis shoes featuring the name of the band.
The plaintiff argues that the defendant tennis rackets bearing the band name infringe its trademarks since tennis shoes and rackets are used together.
The plaintiff claims that the mark ‘The Clash’ is one of the most iconic in the entire music industry.
The plaintiff reportedly said that the defendant used the mark on its social media accounts to market the allegedly infringing rackets.
“Wilson’s use of the mark ‘The Clash’ and variations thereof, is likely to cause confusion, mistake, or deception among consumers as to the source, quality, and nature of defendants’ tennis rackets,” Dorisimo reportedly said.
Dorisimo is seeking at least $3 million in damages for the alleged infringement as well as attorneys’ fees.
The case is pending.
Dorisimo Limited v. Wilson Sporting Goods Co.
|Judge:||Christina A Snyder|
|Court:||California Central District Court|
|Nature of Suit:||Trademark|
|Case Filed:||September 20, 2019|