Monday, December 17, 2007

Girls Gone Wild vs. Girls Gone Wine

The AP has a story today (link here) about a trademark dispute between the company that produces the famed (or infamous) Girls Gone Wild videos and a group of three Oklahoma businesswomen selling wine under the name "Girls Gone Wine." Another article also appears in The Oklahoman (link here).

On September 18, 2007, Shady Ladies, LLC filed a declaratory judgment action in the U.S. District Court for the Eastern District of Oklahoma against GGW Marketing, LLC and Mantra Films, Inc. See Shady Ladies, LLC v. GGW Marketing, LLC et al, Case No. 6:2007cv00293 (E. D. Okla.).

GGW Marketing, LLC holds three registrations for the GIRLS GONE WILD mark for prerecorded videotapes featuring adult entertainment, leather goods, and clothing. Mantra Films Inc. produces the Girls Gone Wild videos.

The women filed the declaratory judgment action after receiving a cease and desist letter from Mantra Films Inc. in July. The women received a registration for the mark GIRLS GONE WINE on February 27, 2007.

Joe Francis, the founder of “Girls Gone Wild” who is currently in jail in Reno, Nevada awaiting trial for tax-evasion and also facing charges in Florida over allegedly using minors in his movies, is quoted as saying "This is blatant trademark infringement. It just backs up everything that people have tried to do to me over the last few years to take advantage of me and we're tired of it."

Michael Burke, general counsel for Mantra Films, stated about the dispute: “It happens all the time. Mantra Films has spent several hundred million dollars over the last 10 years advertising its name endlessly on television to build up the image that 'Girls Gone Wild' is a fun, party environment and these women are taking a free ride on all that advertisement and name recognition.”

Vegas™Esq. Query: If this type of infringement happens all the time, then how come no opposition was filed when the GIRLS GONE WINE application was published for opposition?

This serves as a reminder as to why companies that really value their trademark portfolio should hire a reliable watch service to monitor any potentially infringing marks.

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