Global Merchandising Services (GMS), the British brand merchandiser for the likes of Mötley Crüe (pictured), Alice Cooper and Motörhead, has accused SunFrog of trademark infringement
According to Trademarks & Brands Online, GMS filed its claim against the custom t-shirt design platform, alleging that 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.
SunFrog is an online platform that designs and sells print-on-demand clothing products to consumers. Users of the site can upload their own designs to be printed on SunFrog products.
“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,” said GMS.
The four causes of action listed on the claim are direct trademark counterfeiting; direct infringement of registered and unregistered trademarks; contributory trademark infringement and counterfeiting under the Lanham Act; and false designation of origin, passing off and unfair competition.
GMS first sent a cease and desist letter to SunFrog in July 2016, claiming that more than 120 listings had been reported to the defendant for infringement.
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.