Sin City trademark trouble for Kohl’s
Earlier this month, Sin City Motorsports discovered that Kohl’s was selling lookalike t-shirts through its webstore. Upset that the huge department store had copied the name from their Nevada based biker store Sin City sued in District court of Nevada. It was interesting to find that in the Complaint Sin City was quick to point out that Kohl’s website had included its infringing mark in their “buried code or metadata to provide a means by which users of the internet can search and access the Kohl’s website and the infringing marketing on the internet.” As rightful owners of the trademark, Sin City shows that not only is demanding that the knock-off shirts be taken off the shelves but more importantly the knock-off data from the computers need to be scrubbed off too!
Sin City sued on grounds of (1) Federal Trademark Infringement (reminder to always register your trademark! Contact me), (2)Unfair Competition. (3)Unjust Enrichment, which means that Kohl’s has unfairly made money off of selling the t-shirts & that Sin City should be compensated for it. Sin City asks for injunctive relief so that Kohl’s will retrieve all the actual garments in addition to all the electronic records in which it has communicated & facilitated the sale of the shirt.
In my opinion, if Kohl’s had used the term Sin City and accompanied it with a casino, or dancer it would not be in such hot water as it is now. The fact that they accompany the term “Sin City” with motorcycles, which the exact good in which Sin City Motorsports has distinguished its apparel company as dealing with shows that Sin City has a chance to Kohl’s has sold a confusingly similar garment in its store.