David Gilmour Music Ltd. (“Gilmour”), owned by Pink Floyd lead singer and guitarist David Gilmour, has issued proceedings in an Illinois court against the owner of website Otherbrick.com (“Otherbrick”) for alleged trade mark infringement. Gilmour claims the website is selling counterfeit merchandise featuring the frontman’s name, for which Gilmour owns a trade mark in the US.
In its filing with the Court, Gilmour alleged the Otherbrick’s “sales of counterfeit products are in violation of Gilmour’s intellectual property rights, and are irreparably damaging David Gilmour Music Ltd.” Further, it is asserted that “Otherbrick is using a fake online storefront designed to appear to be selling genuine Gilmour products, while selling inferior imitations of Gilmour products”, which is purportedly causing further damage to the company and the David Gilmour brand.
Gilmour is reportedly seeking an injunction to prevent sales of the alleged counterfeit merchandise, costs, and damages – though the amount is as yet unknown. Whether Gilmour’s claim will be successful, or if some form of settlement might be reached between the parties, remains to be seen. This again demonstrates the importance and value of obtaining trade marks for your company and/or brand in order to protect against infringement.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
