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COOK COUNTY RECORD

Monday, November 18, 2024

Grumpy Cat Limited Accuses Online Marketplaces of Trademark Infringement

Federal Court
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Dirksen Federal Courthouse, Chicago | Jonathan Bilyk

Grumpy Cat Limited, the Ohio-based company behind the internet sensation Grumpy Cat, has filed a lawsuit against various individuals and entities accused of selling counterfeit products bearing its trademark. The complaint was lodged in the United States District Court for the Northern District of Illinois on October 11, 2024, targeting unnamed defendants identified as operating online marketplaces that allegedly infringe upon Grumpy Cat's intellectual property rights.

The lawsuit alleges that these defendants have been using the Grumpy Cat trademarks and copyrights without authorization to sell counterfeit products through interactive commercial internet stores. These actions are said to violate several federal laws, including the Lanham Act and the Copyright Act, as well as state laws in Illinois. According to Grumpy Cat Limited, these unauthorized sales have caused significant damage by misleading consumers into believing they are purchasing genuine products from an official source. The plaintiff claims that such activities dilute their brand's reputation and goodwill, leading to consumer confusion and potential harm.

Grumpy Cat Limited asserts that it holds valid U.S. Trademark Registrations for its brand and has invested substantial resources in promoting and protecting its trademarks and copyrights. The company accuses the defendants of deliberately designing their online stores to mimic authorized retailers, thus deceiving customers into buying inferior imitations. The complaint highlights how these counterfeit operations are sophisticated, often involving multiple fictitious names and international shipping tactics to evade detection.

In response to these alleged infringements, Grumpy Cat Limited seeks a court order to enjoin the defendants from further use of its trademarks and copyrights. The plaintiff requests that all associated online marketplace accounts be disabled and any profits gained from these unlawful acts be accounted for and paid as damages. Additionally, Grumpy Cat Limited is pursuing statutory damages ranging from $1,000 to $2 million per trademark infringement incident and up to $150,000 per copyright violation.

Representing Grumpy Cat Limited in this legal battle are attorneys Michael A. Hierl, William B. Kalbac, Robert P. McMurray, and John Wilson from Hughes Socol Piers Resnick & Dym Ltd., based in Chicago. The Case ID 1:24-cv-09923.

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