ST. LOUIS — A karaoke brand is suing a restaurant and entertainment company alleged trademark infringement and unfair competition.
Phoenix Entertainment Partners LLC filed a complaint on April 12 in the U.S. District Court for the Eastern District of Missouri against Happy Hours LLC, doing business as The Brew House, and Michael Sean Whitaker, doing business as Karaoke Mike Productions, alleging that they violated the Trademark Act of 1946.
According to the complaint, the plaintiff alleges that its federally registered service marks under the name Sound Choice are being used by the defendants for providing karaoke and related ancillary services without written consent or authorization.
As a result, the use of Sound Choice Marks by the defendants is likely to cause confusion or to cause patrons to think that Phoenix Entertainment Partners gave authorization to its product.
The plaintiff holds the defendants responsible because they allegedly had the actual knowledge of its agent's direct infringement of the Sound Choice marks and continues to use Sound Choice marks during the course of providing karaoke to its patrons without Phoenix Entertainment Partners' legal consent.
The plaintiff seeks preliminary and permanent injunctive relief against further infringement of the Sound Choice marks, costs of suit, attorney's fees and other further relief as justice may require. Phoenix Entertainment Partners is represented by Keith A. Vogt of Keith A. Vogt in Oak Park, Illinois.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01304