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Dispute Over Bad Moms Mark

By Tiffany Blofield on October 22, 2018
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Florida start-up entity BAD MOMS, LLC beat the producer of the movie with the same name to the punch! Specifically, the company sued the producer for declaratory judgment and an injunction preventing the movie producer from using the mark in connection with any of the Florida company’s goods and services or those related thereto. Both parties have pending applications for BAD MOMS and related trademarks. The lawsuit came after the movie producer sent demand letters to the Florida entity asking it to abandon its applications for BAD MOMS trademarks and cease using the mark. The movie producer brought counterclaims against the start-up company.

The Florida start-up company was founded by a single mom working her way through college and law school. The company organizes and hosts events for single-moms to share experiences, provide education and create a network. In addition, the company sells wines and spirits under the BAD MOMS mark.

Earlier this month, the dispute heated up when the movie producer asked a federal judge to sanction the start-up company for failing to follow a discovery order. The attorney founder of the company denied that the motion is warranted and asked for an extension of time to respond to the motion. The Court granted her request. The hearing on the motion is scheduled for Monday, October 29, 2018.

I have not seen the “BAD MOMS” movie but it was popular enough to spawn a sequel. Many of my friends told me it is a fun movie to watch, even if it is predictable. I heard that the following movie scenes were hysterical:  (1) grocery store scene; (2) limping dog scene and (3) the meeting to discuss the school board.

We will have to wait to see who wins the lawsuit and if the trademark dispute spurs more interest in the movies and/or the Florida company’s events and products.

Photo of Tiffany Blofield Tiffany Blofield

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay…

View my professional biography

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else (though I have traveled across many borders, including the pond, and various state lines).

My calling to the courtroom, led me to earn my law degree from the University of Minnesota, after receiving my undergraduate degree in Economics and Psychology from St. Olaf College. After law school, I quickly realized that I’m more at ease in the courtroom than in my own living room, so I became a litigator. Over the years, I have developed my own style of litigating (I’m trying to trademark it) and aggressively represent my clients whether I am protecting valuable intellectual property or tackling the interests of professional athletes. Although I am not as wacky or as flaky as Ally McBeal, litigation still holds its “entertainment value” after fifteen years in the profession. This year’s Valentine’s Day festivities are evidence (pun intended) of my passion — instead of celebrating the typical Valentine’s Day with dinner and roses, our litigation team celebrated the seventh anniversary of the then largest jury verdict in Minnesota. The verdict came after a nine year battle and, as a result, V-Day has now become known as “Verdict Day.” I’m hoping to rename more holidays soon.

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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