The Life Is Good Co., the local company that has marketing its eponymous slogan with the smiling "Jake" face since the 1990s, says a California company that lets people create and sell T-shirts online is doing a very bad thing: Letting people make and profit off unauthorized copies of the phrase and face.
In a lawsuit filed this week in US District Court in Boston, Life Is Good says ooShirts of Fremont, CA, continued to let people print up "Life is Good" and the smiling face on T-shirts ordered via its TeeChip site even after Life Is Good asked them to stop.
Life Is Good is seeking several million dollars in recompense.
Because of the rampant infringement promoted on Defendant's site, Life is Good has repeatedly requested that Defendant take affirmative steps to ensure that campaigns that infringe Life is Good's trademark rights are denied access to Defendant's website. ...
Defendant's conduct is causing significant consumer confusion. A number of consumers have reached out to Life is Good to inquire as to whether the infringing shirts sold on Defendant's website are authentic Life is Good shirts. Further, at least one consumer purchased a shirt from Defendant's website believing that it was an authentic Life is Good shirt, only to have Defendant refuse to accept a return of the shirt when the consumer learned the truth.
Defendant's actions already have caused and are likely to cause confusion, mistake, or deception among the consuming public as to the source or origin of the t-shirts sold on Defendant's website, and are likely to create a false belief that sales on Defendant's website are authorized by or sponsored by Life is Good. As a result, the Defendant's actions are causing, and unless enjoined will continue to cause, damage to the substantial goodwill that Life is Good has developed in its marks and brand.
Life Is Good seeks all the profits ooShirts has made off the offending tees, plus $1 million for each example of a counterfeit product, plus damages and lawyers' fees.