Fox debuted a new comedy called Arrested Development. The band Arrested Development has sued Fox for four counts of trademark infringement in DeKalb County Superior Court. The band is asking for an immediate halt to the use of its name, plus damages and attorney fees....
In the complaint, the band calls the name of the new sitcom a "confusingly similar imitation" of the band's name, which is "likely to deceive, confuse and mislead prospective purchasers" of the defendant's products as "authorized by or in some manner associated with the plaintiffs, which they are not."
The complaint alleges that the misappropriation of the plaintiffs' name is causing "irreparable harm" to the band's name and reputation. The band has a federal trademark on its name, according to court filings, but elected to sue Fox in DeKalb under Georgia common law for trademark infringement. Venue is proper, according to the complaint, because one band member's home and the Fox affiliate are located in DeKalb.
[
Law.com via IPTAblog:
3 Years, 5 Months and 2 Days of Litigation]
