Affliction sued for trademark infringement
On November 16, 2010, a complaint was filed against Affliction, Inc., Affliction Retail, Inc., Affliction Holdings, LLC, Affliction Retail, LLC,…
On November 16, 2010, a complaint was filed against Affliction, Inc., Affliction Retail, Inc., Affliction Holdings, LLC, Affliction Retail, LLC, and Affliction Entertainment Group, LLC in the United States District Court for the Central District of California by Timothy Sean O’Brien and Livfast, LLC.
According to the allegations in the complaint, O’Brien is a professional motocross rider and a businessman. The Livfast webpage provides that the company is owned and operated by Tim O’Brien.
Plaintiffs alleged that [n]o later than October 8, 2004, Livfast first used the Livfast name on its clothing, including shirts, pants and hats and has extensively used the Livfast Trademark (defined below) on its goods and services on a continuous basis since that time. Further, plaintiffs allege that Livfast applied for a trademark registration on July 31, 2003 for the word mark Liv Fast with the United States Patent and Trademark Office [] and the USPTO granted Livfast a registration for its Livfast trademark (Registration No. 2957726) on May 31, 2005 [].
Livfast claims that it recently discovered that Affliction bas been infringing upon the Livfast Trademark by using a virtually identical name, the Live Fast name and the Affliction Live Fast name, on its clothing as well as other uses, which is likely to lead to confusion in the marketplace and has actually caused confusion in the marketplace.