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Trademark Infringement Alleged by Maxim Magazine

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The Tampa Bay Business Journal reports that New York-based Dennis Publishing Inc., publisher of Maxim Magazine, has filed a lawsuit for trademark infringement against Maxxim Men’s Club and Steakhouse in Tampa, Florida, alleging trademark dilution and unfair competition. maxim cover.jpgFiled in the U.S. District Court for the Middle District of Florida, Tampa Division, the plaintiff’s case alleges that the defendant has “aggressively promoted and continues to promote the gentlemen’s club in a manner that causes patrons to believe that it is operated by, associated with, or sanctioned by Maxim.”

Further alleged in the complaint is the big block letters in Maxxim’s matchbooks and other promotional materials “are intended to mimic the appearance of Maxim Magazine covers.” The demand also mentions that in radio advertisements, “the name Maxxim sounds exactly like plaintiff’s Maxim mark.

The plaintiff is concerned that the Maxim trademark and Dennis Publishing, Inc. reputations have been tarnished by the defendants’ operation “as a strip club and by having female employees perform lewd and sexually explicit dances in ostensibly private areas of the club.”

Dennis Publishing, Inc. is requesting the defendants stop using the name Maxxim, as well as compensation for damages in an amount to be determined at trial.

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