(2016)
BAD MOMS, LLC v. STX FINANCING, LLC
On October 10, 2017, STX Financing, LLC, the producer and distributor of the motion pictures ‘Bad Moms’ and ‘A Bad Moms Christmas’ sent Bad Moms, LLC a cease and desist letter demanding that it cease any use of the BAD MOMS mark and abandon its pending applications to register BAD MOMS with the U.S. Patent & Trademark Office.
Thereafter, Plaintiff Bad Moms LLC commenced this action against Defendant STX seeking declaratory and injunctive relief regarding its use of the name BAD MOMS with special event services and alcoholic beverages. In its Complaint, Plaintiff alleges that it has invested considerable time, effort, money, and other resources into a start-up business for the purpose of planning and conducting business networking, social, commercial, and educational events geared toward women, and a line of wines and spirits targeted with the brand BAD MOMS. Plaintiff allegedly filed two applications for United States Trademark Registration directed to the mark BAD MOMS.
In its Answer and Counterclaim, Defendant alleges that since 2014, it has actively participated in the motion picture industry and produced and distributed the ‘Bad Moms’ Motion Pictures in 2016. More specifically, STX asserts claims for trademark infringement, trademark dilution, and unfair competition under the Lanham Act and Florida law.