Trademark Infringement Lawsuit filed by Singer Jimmy Buffett
According to an article in Reuters, a trademark infringement lawsuit was filed by singer Jimmy Buffett on November 13, 2006, asking a U.S. Federal Judge to put an end to a Web site operator's infringing actions.
The lawsuit was filed in United States District Court in Galveston, Texas. According to the complaint, Robert Akard is accused of operating the web site "underonehut.com," which sells unauthorized Jimmy Buffett trademarked items.
Singer Buffett had prevailed in a previous court order in Nevada that apparently was not "comprehensive enough." Accused Akard has since surfaced in New York, Florida, and Texas.
In the lawsuit, Buffett alleges that Akard advertises as "Jimmy Buffett's Online Store for Merchandise," selling T-shirts, music CDs, and other items that have not been authorized.
The lawsuit requests that the Judge issue an order to Akard to cease and desist using Buffett's name and likeness, account for his profits, and turn them over to Buffett and pay for unspecified damages.
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, 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 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 http://www.UnderOneHut.com
may be contacted at:
BuffettBattle@UnderOneHut.com
This is an interesting matter for three things: (1) an ex parte restraining order was granted that ordered the website to be shut down; (2) it was never alleged that the items were infringing (they were just "unauthorized"); and (3) the judge sentenced the man to jail without an opportunity to present evidence that the products were licensed.