Company claims that its “My Favorite Color's Camo” was misappropriated
The ratings for “Duck Dynasty” might not be what they used to, but the A&E reality show's ability to generate controversy continues full-bore.
A&E Networks has been hit with a lawsuit by an apparel company that claims a line of clothing related to the show infringes on the company's suit.
In the lawsuit, filed in U.S. district court in southern Florida on Tuesday, Florida-based clothing company Hajn, Inc., says that it began selling clothes with the slogan “My Favorite Color's Camo” in January 2011, and obtained trademark registration on the slogan from the U.S. Patent and Trademark Office in November of that year.
Things were going well, the suit claims, until A&E “began selling a variety of merchandise that featured Si Robertson, one of the individuals featured in ‘Duck Dynasty.’ The merchandise was based upon Si Robertson making a statement on one of the shows that ‘My favorite color is Camo.’ Based upon this, A&E began offering a line of children's, women's and men's apparel, all featuring the mark ‘My Favorite Color Is Camo.'”
The suit goes on to claim that A&E's use of the phrase “has led to instances of confusion, including instances of reverse actual confusion, in that customers either believe that Hajn is selling ‘Duck Dynasty’ apparel, or that Hajn's apparel and related novelty goods are based upon the show.”
A&E told TheWrap that it will not comment on pending litigation.
According to the suit, Hajn sent a cease and desist letter to A&E in June and, while A&E's lawyers sent a letter “suggesting that it was reviewing the allegations,” so far it has not received a response to the allegations.
Alleging willful trademark infringement and unfair competition, Hajn is seeking unspecified damages.
Pamela Chelin contributed to this report.