Dallas-based TTNA, Inc. has brought a lawsuit against a gentlemen’s club in New York on claims the defendant committed trademark infringement and false advertising by using a similar name as the plaintiff, per recent Northern District of Texas, Dallas Division records.
TTNA’s suit, filed Feb. 3, asserts the complainant possesses ownership of the Baby Dolls Marks, stating it has been providing night club and entertainment services using the marks “since at least as early as September 22, 1988.”
“The Baby Dolls Marks have been the subject of substantial and widespread promotion for
many years and are widely identified as distinguishing the night club and entertainment services
that TTNA offers to the public,” the original petition says.
Court documents add that the aforementioned marks and their associated federal trademark registration were assigned to the plaintiff on July 1, 2010. The respondent business, meanwhile, promoted itself on Facebook and recently announced that “it would begin offering for sale clothing items with the Baby Dolls logo.”
“Such advertisements of night club and entertainment services are either identical to or substantially similar to the Baby Dolls Marks owned by TTNA and creates an impression in the consumer’s mind that Baby Dolls Cabaret is affiliated with TTNA,” the suit says.
“Consumers are likely to be confused regarding whether the services provided by Baby Dolls Cabaret are endorsed, sponsored, or approved by TTNA, or affiliated with the services provided by TTNA.”
The suit insists TTNA engaged in efforts to coerce the defendant to cease and desist to no avail.
Consequently, the plaintiff seeks unspecified monetary damages and a jury trial.
It is represented by attorney Theodore G. Baroody of the law firm Carstens & Cahoon, LLP in Dallas.
Dallas Division of the Northern District of Texas Case No. 3:16-CV-0305