HOUSTON — A Houston magazine publisher is suing a Georgia-based competitor, citing alleged trademark infringement, false designation of origin and unfair competition.
Weddings in Houston LP filed a lawsuit Oct. 28 in the Houston Division of the Southern District of Texas against Modern Luxury Media LLC and DM Luxury LLC of Atlanta, alleging violation of the Lanham Act.
According to the complaint, Weddings in Houston was the creator and publisher of the federally trademarked magazine Weddings in Houston. As a result of defendant's infringing activities, the suit says, the plaintiff has suffered and will continue to suffer irreparable monetary injury to its business, reputation and good will.
The plaintiff alleges the defendants directly infringed on the plaintiff's trademark by marketing, distributing and selling its wedding title magazine under the name Modern Luxury Weddings Houston and offered goods and services almost identical to what plaintiff is offering.
Weddings in Houston seeks trial by jury, damages of more than $75,000, an order enjoining the defendant from using the trademark Modern Luxury Weddings Houston or any mark similar to plaintiff's Weddings in Houston and for the destruction of all materials that bear the subject mark, attorney fees and court costs and all other relief. It is represented by attorneys Raymond R. Ferrera of Adam & Reese LP in Houston, and by Melissa F. Rizzo of Adam & Reese LP in Tampa.
Houston Division of the Southern District of Texas Case number 4:16-cv-03194