The Key West Tourism Development Association (“TDA”) recently filed a lawsuit alleging intellectual property violations stemming from alleged unauthorized use of the mark “FANTASY FEST” by Zazzle, Inc., a California business entity. Zazzle is the owner of the web site, zazzle.com, which according to the complaint, offers “blank” products such as t-shirts and coffee mugs that can be customized by consumers. TDA argues that, in so doing, Zazzle facilitates and benefits from the creation of counterfeit items. In its Complaint, TDA takes issue with Zazzle’s use of meta tags, and the offering of products which feature the marks “FANTASY FEST,” and “HABITAT FOR INSANITY,” this year’s festival theme.
The law suit is pending before the Southern District of Florida (Key West Division), and has been assigned to Senior Judge James Lawrence King. Press coverage regarding the law suit can be found here. A blog post regarding Mayor Michael Bloomberg’s recent visit to Zazzle’s San Jose, California facility can be found here.