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Summary: Vice Media Inc has sued Virtue Marketing LLC for infringement, claiming that they are using the title “Virtue” to capitalize on Vice’s ad agency, Virtue Worldwide.
Vice Media Inc filed a lawsuit Monday in Georgia against Virtue Marketing LLC, a marketing firm and full service ad agency. Vice has owns an advertising and branding agency called Virtue Worldwide. The lawsuit claims that Virtue Marketing LLC has taken their name from Virtue Worldwide.
Vice started as a counterculture magazine that grew into a multibillion-dollar web and television empire in just years. They have an established reputation that they claim Virtue Marketing is taken advantage of.
Virtue Worldwide and Vice work together to capitalize on Vice’s audience and knowledge of the market by selling to businesses, advertisers, and consumers. The claim states that “When advertisers … see or hear the VIRTUE name and mark, they likely believe they are dealing with Vice’s Virtue Worldwide agency and are taking advantage of the resources and expertise at Virtue Worldwide’s disposal and through its association with Vice.”
Vice first became aware of the alleged infringement in January and sent Virtue Marketing three different cease-and-desist letters with explanations of why the company could not use the name. The company responded to the last letter stating that they were “unclear why Vice believes it has ownership of the Virtue mark”.
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Vice chose the name Virtue to play off the name Vice or, as they explain it, “a virtue is the opposite of a vice”. There is a pending trademark application but it has yet to be registered. Vice is calling the actions of Virtue Marketing as “willful, intentional and, in fact, brazen”.
Vice is represented by Anuj Desai of Arnall Golden Gregory LLP and by Gerry Silver and Kimberly B. Herman of Sullivan & Worcester LLP. No counsel information is available for Virtue Marketing.
Source: http://www.hollywoodreporter.com/thr-esq/vice-v-virtue-best-trademark-799882
Photo: twitter.com
