Buffett sues alleged trademark infringer

[~ Parrot Bay ~]

Jimmy Buffett filed suit on Monday asking a federal judge to stop a web site operator from infringing on his trademarks.
Washington Post: "Singer Buffett Sues Alleged Trademark Infringer"
The Galveston County Daily News: "Jimmy Buffet files case to protect trademark"

[CapnK]

http://www.underonehut.com/buffett_inspired.htm
http://www.underonehut.com/0724_flip_fl ... holder.htm

sic em lawyers.

[MalibuRumGirl]

Good for you Jimmy. You should be the only one making money off your name!

[~Hippolyte~]

I wonder why so many items are on back-order

[conched]

I KNOW there is more than meets the eye here. I understand he uses JIMMY to market his items online.

I don't see much different online than I see at many tropical type stores.

I just don't get it this time!!! (And as you all KNOW, I am so PRO Jimmy!) There's gotta be something else goin on!!!

[Quiet and Shy]

I KNOW there is more than meets the eye here. I understand he uses JIMMY to market his items online.

I don't see much different online than I see at many tropical type stores.

I just don't get it this time!!! (And as you all KNOW, I am so PRO Jimmy!) There's gotta be something else goin on!!!

I agree. The current product line seems rather benign. The only direct Buffett products I saw were CDs...and those are sold by many vendors. Otherwise, it's a lot of typically tropical stuff.

[Coconuts]

I noticed at least some Margaritaville items or a knock offs- and my guess is that the previous lawsuits made them take the most infringing items off, but there are still a few there.

[BB-Buster]

This was just posted by the Washington Post:

FOR IMMEDIATE RELEASE
November 13, 2006

Akard’s Attorney Denies Buffett’s claims, vows David and Goliath Battle

Galveston Texas – Attorneys for the defendant Robert Akard and http://www.UnderOneHut.com vow to battle Jimmy Buffett on his claimed trademark infringement action.

Darrell Apffel, Esquire says this is a classic case of David vs. Goliath in the United States Justice system.

Today Jimmy Buffett without notice to my client obtained a temporary restraining order which demands that my client shut down his website, http://www.UnderOneHut.com, completely.

While it is true that my client may sell certain licensed Jimmy Buffett products, in competition with the songwriters own website, the products Buffett complained about represents 1% of the products UnderOneHut.com offers.

In response to initial correspondence from Buffett’s attorneys, UnderOneHut.com made significant and meaningful modifications to its website and advertising, which specifically complied with Mr. Buffett’s requests. But despite these good faith efforts Mr. Buffett, without notice to UnderOneHut.com or myself as legal counsel, undertook to file this suit and obtain a Temporary Restraining Order seeking to shut down the entire website, which we will vigorously fight.

My client is a small business owner and recognizes that this can be a very expensive and timely type of litigation. However, he does not intend to succumb to Jimmy Buffett’s bully tactics, as he has undertaken with other small business owners in the past. The facts forthcoming in this upcoming litigation will show that Mr. Buffett has a pattern of litigious behavior in order to eliminate competitors of his retail empire.

My clients www.UnderOneHut.com refuse to be intimidated by Mr. Buffett and the many attorneys his wealth may retain.

Further information should be directed to:

Darrell Apffel
Law Offices of Bettison, Doyle, Apffel, and Guarino, PC
Galveston Island Professional Center
6710 Stewart Road, Suite 300
Galveston, Texas 77551

Phone: 409-744-9783
Fax: 409-744-9786

Representatives of UnderOneHut.com may be contacted at:
BuffettBattle@UnderOneHut.com

[RinglingRingling]

I KNOW there is more than meets the eye here. I understand he uses JIMMY to market his items online.

I don't see much different online than I see at many tropical type stores.

I just don't get it this time!!! (And as you all KNOW, I am so PRO Jimmy!) There's gotta be something else goin on!!!

I agree. The current product line seems rather benign. The only direct Buffett products I saw were CDs...and those are sold by many vendors. Otherwise, it's a lot of typically tropical stuff.

a couple of the shirts shown are Koko Island, which is Jimmy's aloha shirt division, but you can get those on eBay too...

I am wondering if this was a licensing deal that went sideways when one side demanded a bigger share after showing better-than-expected success.

[SchoolGirlHeart]

While it is true that my client may sell certain licensed Jimmy Buffett products, in competition with the songwriters own website, the products Buffett complained about represents 1% of the products UnderOneHut.com offers.

And if Jimmy lets that 1% go without challenge, he could lose his own trademark....

(where are AF and KLL? they explain this much better than I do.....)

BB Buster, I hope you're not looking for support here, because you're sure not getting mine.....

[Quiet and Shy]

While it is true that my client may sell certain licensed Jimmy Buffett products, in competition with the songwriters own website, the products Buffett complained about represents 1% of the products UnderOneHut.com offers.

And if Jimmy lets that 1% go without challenge, he could lose his own trademark....

(where are AF and KLL? they explain this much better than I do.....)

BB Buster, I hope you're not looking for support here, because you're sure not getting mine.....

I didn't look at every single item on the website...but I agree anything (other than say, CDs) that is being sold without permission (such as trademarked t-shirts) shouldn't be allowed. It truly depends on what that 1% is. It's too bad they weren't able to work together and settle this amicably out-of-court (as it appears only the lawyers are likely to make money on this)...especially if the issue just is 1% of remaining merchandise. Again, most of what the guy sells is typical tropical gear and I didn't see Buffett's name on the site implying endorsement, etc.

If nothing else, all this publicity is likely getting him a lot more website hits and may likely help sales (at least in the short-term).

[LIPH]

While it is true that my client may sell certain licensed Jimmy Buffett products, in competition with the songwriters own website, the products Buffett complained about represents 1% of the products UnderOneHut.com offers.

And if Jimmy lets that 1% go without challenge, he could lose his own trademark....

(where are AF and KLL? they explain this much better than I do.....)

BB Buster, I hope you're not looking for support here, because you're sure not getting mine.....

It's more than just the 1% of the products this guy is selling. If anything he's selling, whether Buffett has it trademarked or not, would lead a reasonable person to believe it's a real Buffett trademarked item then Jimmy has a right to keep him from selling it. To use an extreme example, let's say a casino decided to open a restaurant called Cheeseburgers 'N' Pair-of-Dice. Jimmy and/or Outback could probably stop it from opening.

[BottleofRum]

While it is true that my client may sell certain licensed Jimmy Buffett products, in competition with the songwriters own website, the products Buffett complained about represents 1% of the products UnderOneHut.com offers.

And if Jimmy lets that 1% go without challenge, he could lose his own trademark....

(where are AF and KLL? they explain this much better than I do.....)

BB Buster, I hope you're not looking for support here, because you're sure not getting mine.....

It's more than just the 1% of the products this guy is selling. If anything he's selling, whether Buffett has it trademarked or not, would lead a reasonable person to believe it's a real Buffett trademarked item then Jimmy has a right to keep him from selling it. To use an extreme example, let's say a casino decided to open a restaurant called Cheeseburgers 'N' Pair-of-Dice. Jimmy and/or Outback could probably stop it from opening.

How do places that call themselves "Marguritaville" get away with it? There is a Marguritaville Grill in Georgia and others using that name all over. How woudl that be different than "Cheeseburgers 'N' Pair-of-Dice" ?

[LIPH]

Maybe he doesn't know about them?

[SchoolGirlHeart]

How do places that call themselves "Marguritaville" get away with it? There is a Marguritaville Grill in Georgia and others using that name all over. How woudl that be different than "Cheeseburgers 'N' Pair-of-Dice" ?

Complete guess, but maybe JB's lawyers haven't noticed them yet....

[LIPH]

I just looked at the guy's website. In the t-shirt section he has one shirt with Buffett's picture, another one with Buffett's name on it, one with a parrot and a margarita glass, one with a parrot inside a blender filled with a green liquid with a salt shaker next to it (margarita, anyone?), one with a plane that looks suspiciously like the Hemisphere Dancer and says "Longitudes & Latitudes" and It's 5 O'Clock Somewhere with a margarita glass. He also has a Jimmy's Place Hawaiian shirt, a Jimmy's Hideaway - Parrotheads Welcome Hawaiian shirt and another Hawaiian shirt with parrots and drinks. If he isn't a licensed dealer, he deserves to be shut down.

[UpstateNYPH]

While it is true that my client may sell certain licensed Jimmy Buffett products, in competition with the songwriters own website, the products Buffett complained about represents 1% of the products UnderOneHut.com offers.

And if Jimmy lets that 1% go without challenge, he could lose his own trademark....

(where are AF and KLL? they explain this much better than I do.....)

BB Buster, I hope you're not looking for support here, because you're sure not getting mine.....

It's more than just the 1% of the products this guy is selling. If anything he's selling, whether Buffett has it trademarked or not, would lead a reasonable person to believe it's a real Buffett trademarked item then Jimmy has a right to keep him from selling it. To use an extreme example, let's say a casino decided to open a restaurant called Cheeseburgers 'N' Pair-of-Dice. Jimmy and/or Outback could probably stop it from opening.

This is quite the thread to stumble on to as I am about to head out the door to take a test in my Criminal Procedure class. From what I know, I agree with Larry when it comes to the wording of the law and how copyrights or trademarks are infringed upon...

[ejr]

Several years ago, a chain called Cheeburger, Cheeburger opened a place in the suburbs. They were sued by the owner of Billy Goat's Tavern (of the SNL sketch fame) and were forced to change their name to Cheeburger, and agree not to open another restaurant within 100 miles---they are no longer open.

[RinglingRingling]

Several years ago, a chain called Cheeburger, Cheeburger opened a place in the suburbs. They were sued by the owner of Billy Goat's Tavern (of the SNL sketch fame) and were forced to change their name to Cheeburger, and agree not to open another restaurant within 100 miles---they are no longer open.

they are, here. and yes, I've put down one of their 20 oz. burgers.

[Quiet and Shy]

I just looked at the guy's website. In the t-shirt section he has one shirt with Buffett's picture, another one with Buffett's name on it, one with a parrot and a margarita glass, one with a parrot inside a blender filled with a green liquid with a salt shaker next to it (margarita, anyone?), one with a plane that looks suspiciously like the Hemisphere Dancer and says "Longitudes & Latitudes" and It's 5 O'Clock Somewhere with a margarita glass. He also has a Jimmy's Place Hawaiian shirt, a Jimmy's Hideaway - Parrotheads Welcome Hawaiian shirt and another Hawaiian shirt with parrots and drinks. If he isn't a licensed dealer, he deserves to be shut down.

From my viewing of the site, the t-shirt with JB's picture is actually a Corona shirt. I've seen several other businesses with tropical renditions of margaritas, a parrot and a shaker of salt; "5 O'Clock Somewhere" is sold on items by many retail outlets (apparently the songwriters never trademarked that title); I've seen other businesses selling Grumman Albatross shirts that say "Longitudes and Latitudes", as well as Hawaiian shirts with parrots and drinks. The "Jimmy's Place" is very gray and "Parrotheads" is clearly over the line. But overall, I don't see where the guy claims to be "Jimmy Buffett's Margaritaville Online store for merchandise."

Yes, Jimmy may well have a case here with this guy Akard but he's got a bigger PR issue with the comments being made by his local lawyer. Jimmy's lawyer Buzbee complains the guy's greedy by marking up a sign 50% and says "Jimmy Buffett's not in it to make money" although Buffett's CDs are selling for less from Akard than from Margaritaville ($16 vs. $16.95, to say nothing of the nasty can-of-worms called concert ticket prices). And then there's Buzbee's comment about chasing Akard around the country and the desire to "shut down the site". When someone violates a trademark you don't "shut them down" (e.g. "Cheeseburgers in Pair-a-dice"), you make them change the name and claim damages. And, it's risky to have taken this straight to court (public) vs. first trying to work behind the scenes for resolution...even with a familiar foe.

I'm a strong believer in free markets as well as intellectual property rights (copyrights, trademarks, patents, etc.), and I think JB generally takes a win-win and wise approach to business (which I respect), but so far this one's a miss. The first thing he needs is a different (or much better informed) spokesperson...because what I've seen so far is just plain sloppy...even if Jimmy is 100% right on this.