Wednesday, February 5, 2014, 4:00 PM
By Kirk Watkins
Mark Rice d/b/a Zoomania Games (“Rice”) asserts a complaint against Atico International USA Inc.; Atico International, Inc.; and Caremark PHC, L.L.C. aka CVS Caremark (“Atico”), asserting Lanham Act Trademark Infringement claims under 15 U.S.C. 1114(1) and 15 U.S.C. 1125(a), unfair competition under Georgia law, and seeking an accounting for profits.
Rice filed an application for the mark “ZOO MANIA®” on September 26, 1996, and was granted Registration No. 2,113,925 on November 18, 1997. The complaint alleges that Zoo Mania products have been sold for more than 15 years at major retailers including FAO Schwartz, Barnes & Noble, CVS, Amazon, and others. Images of Zoo Mania products and references are attached as exhibits to the complaint. Samples drawn from those exhibits are presented below:
Rice further alleges expenditure of substantial sums, time, and effort to promote its brand, building up goodwill and brand awareness. Rice attaches an image of an Atico product alleged to infringe the Rice mark. That image is presented below:
The complaint sets forth a total of five counts and seeks injunctive relief, attorney fees, costs, interest, treble damages, and other relief the Court deems just and proper.
The case is Mark Rice d/b/a Zoomania Games v. Atico International USA Inc.; Atico International Inc.; and Caremark PHC, L.L.C. aka CVS Caremark, No. 1:14-cv-00067-JEC, filed 01/10/14 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and has been assigned to U.S. District Chief Judge Julie E. Carnes.