On January 3, Detroit Athletic Club, filed a lawsuit in U.S. District Court for the Eastern District of Michigan against Detroit Athletic Co., a sport apparel retailer over trademark infringement.
The plaintiff alleges that the defendant violated and infringed on its trademark “Detroit Athletic Club” and “DAC.” The plaintiff accused the defendant of operating a website – detroitathletic.com domain and using “DAC” in promotional email subject lines, among other things.
The plaintiff claims that Detroit Athletic Club located at 241 Madison Ave. downtown has been operating since 1915 and has received its “Detroit Athletic Club” and “DAC” trademarks since 2002.
The plaintiff alleges that the defendant applied to register its name with the U.S. Patent and Trademark Office in 2015 which was denied because of the likelihood of confusion with Detroit Athletic Club trademark according to the complaint.
According to the lawsuit, the plaintiff alleges that the infringement has caused damages, confusion, deception and mistake by creating a false and misleading impression that Detroit Athletic’s goods, services and commercial activities are made, sold or distributed by the DAC club, or are affiliated, connected or associated with the DAC club, or have the sponsorship, endorsement or approval of the DAC club.
The plaintiff is seeking an injunction to stop the defendant from using its name and profits as the court deem fit.
Detroit Athletic Club v. Detroit Athletic Co
|Case Filed:||Jan 03, 2019|
|Michigan Eastern District Court|
|Nature of Suit||Trademark Infringement|
|Cause||Trademark Infringement (Lanham Act)|