“The GMS artists are the owners of certain intellectual property rights in and to the GMS artists’ brands, such as internationally registered and unregistered trademarks, copyrights, and publicity rights,” the suit said.
According to the GMS, SunFrog has been promoting, manufacturing and selling consumer products bearing designs which are identical or confusingly similar to those of the artists affiliated with GMS, infringing the intellectual property rights of the artists’ respective brands.
The suit alleged that SunFrog has continued to manufacture, promote, and sell the infringing products, knowingly and intentionally violating GMS’s and its artists’ rights.
The suit also claimed that more than 120 listings had been reported to the defendant for infringement at the time of filing.
GMS is seeking a preliminary and permanent injunction, as well as triple damages and profits from SunFrog of up to $2 million and any other relief deemed just and equitable by the court.
(Credits: Trademarks & Branding Online)