Intellectual Property Law

Experience Hendrix Sues Company with Alleged Connection to Enjoined Promoter

By Michael Atkins

Experience Hendrix, LLC, has sued HendrixLicensing.com, Ltd., d/b/a Hendrix Artwork, for trademark infringement.

The complaint, filed in the Western District on March 5, alleges that HendrixLicensing.com and its owner, Andrew Pitsicalis, sell products under the HENDRIX, JIMI HENDRIX, and HENDRIX ARTWORK word marks, and Jimi Hendrix “headshot” and “signature” design marks. The suit also alleges that HendrixLicensing.com wrongly describes its goods as being endorsed by Jimi Hendrix’s family.

If the suit sounds familiar, it’s because Experience Hendrix last month obtained a stipulated $3.2 million judgment and permanent injunction against Electric Hendrix, LLC, and its owner, Craig Dieffenbach, for their use of similar Hendrix marks in connection with the sale of vodka. (STL post here.)

In the instant suit, Experience Hendrix alleges that Mr. Pitsicalis has worked with Mr. Dieffenbach and Electric Hendrix, and was deposed in the Electric Hendrix case. Experience Hendrix alleges it gave Mr. Pitsicalis notice of the court’s injunction against Electric Hendrix and Mr. Dieffenbach, but HendrixLicensing.com continues to use the Hendrix name and signature in promoting its products without Experience Hendrix’s permission.

The suit does not name Mr. Dieffenbach, nor does it suggest he has violated the terms of the court’s injunction against Electric Hendrix and him.

Defendants have not yet filed an answer.

The case cite is Experience Hendrix, LLC v. HendrixLicensing.com, Ltd., No. 09-285 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on March 08, 2009 (boomark / email).