Gorilla Warfare Initiated on Playsets Trademarks
On April 9, 2014, PlayNation Play Systems, Inc. d/b/a Gorilla Playsets (“PlayNation”) brought suit against Velex Corporation d/b/a Gorilla Gym (“Velex”) for trademark infringement of its Registered Trademark GORILLA PLAYSETS® - U.S. Registration No. 2,834,525, issued April 20, 2004. The complaint seeks cancellation of Velex’s GORILLA GYM mark - U.S. Registration No. 4,463,558.
PlayNation alleges that it has used its GORILLA PLAYSETS mark for more than a decade to identify children’s playsets throughout the United States. Velex is accused of using its “virtually identical mark” – Gorilla Gym to promote sale of its own children’s playground equipment. PlayNation also asks for injunctive relief and damages.
Pictured below are samples from the Internet of products offered by both companies:
The Complaint asserts five counts, including trademark infringement under 15 U.S.C. § 1114(1)(a), unfair competition and false designation of origin under 15 U.S.C. § 1125(a), common law trademark infringement and unfair completion, deceptive trade practices under O.C.G.A. § 10-1-370 et seq., and cancellation of Velex’s trademark registration pursuant to 15 U.S.C. § 1119.
The case is PlayNation Play Systems, Inc. d/b/a Gorilla Playsets v. Velex Corporation d/b/a Gorilla Gym, No. 3:14-cv-01046-WBH, filed 04/09/14 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and assigned to U.S. District Judge Willis B. Hunt, Jr.