David Gilmour’s Lawsuit Against Online Counterfeit Retailer
The company affiliated with David Gilmour of Pink Floyd has filed a lawsuit regarding trademark violations against the operator of a website that allegedly sells counterfeit goods.
Details of the Complaint
A lawsuit was filed on April 21 in Illinois against the owner and/or operator of Otherbrick.com. The suit claims it is part of an effort “in the fight against fakes online, which exchange reputation and goodwill, selling and/or offering the sale of products in connection with” David Gilmour.
The website at the center of the lawsuit describes itself as the “final destination for goods inspired by Pink Floyd,” offering T-shirts and home decor items that “reflect the spirit of this cult group.”
The lawsuit states that products related to David Gilmour are also featured on the site.
The organization bringing forth the lawsuit, David Gilmour Music Ltd., is based in the UK and is associated with David Gilmour.
According to the complaint, Gilmour is recognized as a “singer, songwriter, composer, multi-instrumentalist, and producer” who is “widely known as a member of the iconic rock band Pink Floyd.”
Furthermore, the lawsuit indicates that David Gilmour Music Ltd. “is engaged in the development, marketing, sale, distribution, and retail of high-quality concert merchandise,” including products “under the David Gilmour federal brand.”
The complaint notes that “the sales of the defendant of counterfeit products violate the plaintiff’s intellectual property rights and cause irreparable harm to David Gilmour Music Ltd.”
The legal documents, obtained by MBW and available for full review, state that “Gilmour remains active and (his company) DGML is the official source of authentic David Gilmour merchandise.”
The legal presentation further argues that Gilmour’s trademark “has been continually used and never abandoned,” having “invested significant time, money, and resources in its development, advertising, and promotion.”
“As a result, products bearing the David Gilmour trademark are widely recognized and exclusively associated with consumers, the public, and trade as originating from the plaintiff,” the complaint asserts.
As part of the case, Gilmour contends that Otherbrick.com “sells illegal counterfeits at prices significantly lower than the originals.”
“The defendant operates a fraudulent online store purporting to sell genuine products of the plaintiffs while actually offering substandard imitations of the plaintiff’s goods.”
A lawsuit filed by David Gilmour Music Ltd.
The legal filing continues: “The plaintiff has been and continues to suffer irreparable harm due to consumer confusion, dilution, loss of control over his reputation and goodwill, as well as the integrity of goods bearing the David Gilmour trademark.”
“The defendant’s fake online store is designed to sell authentic products of the plaintiffs, yet it instead sells inferior imitations of the plaintiff’s offerings.”
“This action is initiated to combat the defendant’s counterfeits of the plaintiff’s registered trademark and to protect consumers from purchasing unauthorized David Gilmour products online.”
The lawsuit explains that “the success of the David Gilmour brand has resulted in significant counterfeiting,” and states that the defendant conducts its illegal activities via a fully interactive commercial website.
Additionally, the suit claims that the website owner “has deliberately concealed their identity and the full extent of their counterfeits to obscure the plaintiff from the defendant’s true identity and the details of the defendant’s illegal operations.”
The complaint seeks various forms of legal protection, including a permanent court injunction to stop unauthorized use of the trademark, the transfer of the domain name associated with Gilmour, removal of the site from search results, and recovery of significant financial damages.
David Gilmour Music Ltd. is seeking that the alleged website account for “all profits” made through the “illegal activities” noted in the lawsuit, along with damages for infringing David Gilmour’s trademark that will not exceed their amount, in accordance with 15 USC § 1117, which pertains to restitution for rights violations.
Alternatively, Gilmour seeks statutory damages of $2 million “for each instance of the David Gilmour trademark’s use.”
Pink Floyd’s David Gilmour sues operator of website over alleged counterfeit merch
