U.S. News | FAZE Apparel Sues FaZe Clan over Trademark Infringement

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A clothing company based in San Francisco, FAZE Apparel, has sued a North American esports organization, FaZe Clan over an alleged trademark infringement on apparel.

The lawsuit is entirely based on the trademark for “Faze”, which was filed by FAZE Apparel in March 2013 and approved by the U.S. Patent and Trademark Office in June 2014. The lawsuit from the plaintiff frowns on the use of the word “Faze” that was seen all over FaZe Clan’s range of clothing.

It will be recalled that late last month, the district judge R. Gary Klauser granted a preliminary injunction on FaZe Clan that prevents the organisation selling any merchandise that displays the word “Faze” without “Clan” following in close proximity on the item of clothing – this stands until the dispute is solved.

FaZe Clan registered for trademarks of “FaZe” and “FaZe Clan Sniping With” for use on clothing. The U.S. Patent and Trademark Office refused both attempts due to the chance of them being misconstrued with FAZE apparel’s trademark. The organisation’s registration for trademarking “FaZe Clan” for videos, video games, and apparel, was finally approved in September 2015.

The plaintiff accuses the defendant of ripping off its trademark which has led to misconception, unfair competition.

The plaintiff is seeking for jury, payment of treble damages, attorney fees, and enhanced statutory counterfeiting damages that could amount up to $2,000,000 (£1,498,520) per counterfeit mark.

CASE INIFORMATION

Case Name: FAZE Apparel, LLC v. Faze Clan, Inc. et al

Plaintiff: FAZE Apparel, LLC
Defendant: Faze Clan, Inc.
Case Number: 3:2018cv00625
Filed: January 29, 2018
Court: California Northern District Court
Office: San Jose Office
County: San Francisco
Presiding Judge: Lucy H. Koh
Referring Judge: Susan van Keulen
Nature of Suit: Trademark
Cause of Action: 28:1338
Jury Demanded By: Plaintiff
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About Nathaniel Adebayo 146 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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