In a bold move to protect its iconic brand, Pink Floyd (1987) Limited has filed a lawsuit against the owner and/or operator of pinkfloydmerch.com for allegedly selling counterfeit merchandise. The complaint was filed on June 6, 2024, in the United States District Court for the Northern District of Illinois.
The case centers around allegations that the defendant is using the domain pinkfloydmerch.com to sell unauthorized products bearing counterfeit versions of Pink Floyd's trademarks. According to the complaint, these actions violate several provisions of the Lanham Act, including trademark infringement and counterfeiting. Pink Floyd (1987) Limited asserts that it holds multiple U.S. Trademark Registrations for various iterations of "PINK FLOYD," which are valid and provide prima facie evidence of their exclusive right to use these marks.
Pink Floyd (1987) Limited claims that the rise of online retailing has made it increasingly difficult to police its trademarks effectively. Despite efforts to remove infringing products through takedown procedures, they have found themselves playing an unending game of "whack-a-mole" against numerous anonymous counterfeiters. The company argues that this widespread counterfeiting not only dilutes their brand but also confuses consumers and causes substantial financial harm.
The plaintiff further elaborates on how e-commerce platforms have facilitated counterfeiting activities by providing counterfeiters with an aura of authenticity and trust. According to a report cited in the complaint from the Organisation for Economic Cooperation and Development (OECD), there has been a staggering increase in counterfeit goods traded internationally—from $200 billion in 2005 to $509 billion in 2016. This alarming trend has significantly impacted both legitimate businesses and consumers.
Pink Floyd (1987) Limited alleges that the defendant operates under false pretenses, using fake addresses and concealing their identity to evade detection. The company claims that these actions are deliberate attempts to mislead consumers into believing they are purchasing genuine Pink Floyd merchandise when they are not. Additionally, it is alleged that the defendant uses sophisticated search engine optimization (SEO) tactics to appear at or near the top of search results, thereby attracting more unsuspecting customers.
The plaintiff seeks several forms of relief from the court, including a temporary restraining order, preliminary injunctions, and permanent injunctions against the defendant's use of Pink Floyd trademarks. They also request that domain registrars transfer ownership of pinkfloydmerch.com to them or disable it entirely. Furthermore, Pink Floyd (1987) Limited is asking for an accounting of all profits made from these illegal activities and statutory damages amounting up to $2 million for each trademark violation.
Representing Pink Floyd (1987) Limited is attorney Keith A. Vogt from Keith Vogt Ltd., based in Chicago, Illinois. The case is presided over by Judge [Name], under Case ID: 1:24-cv-04711.