Formula One Licensing B.V. and Formula One World Championship Limited (together “Formula 1”) have issued proceedings against E & B Wholesalers, Inc. (“E & B”) in a Nevada federal court for alleged trade mark infringement. Formula 1’s complaint centres on the alleged unauthorised sale of merchandise bearing various Formula 1-owned trade marks at the 2023 Las Vegas Grand Prix.
Formula 1 owns an extensive US trade mark portfolio (over 150 marks) which has become increasingly valuable given the sport’s rapid growth in the US market in recent years – owing in no small part to the successful Netflix docuseries. Consequently, demand for Formula 1 related merchandise has skyrocketed.
That demand has seemingly, according to Formula 1 in any case, also seen a rise in counterfeit goods in the same sphere, which Formula 1 is now seeking to clamp down on in this filing. Formula 1 claims that E & B’s sale of the alleged infringing goods is likely to cause confusion among consumers, who may erroneously believe they are purchasing official Formula 1 licensed products.
Whether Formula 1 will be successful in its claim, or if some form of resolution might be reached out of Court, remains to be seen.
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.
