I know when we all hear the BABY DOLLS trademark we associate it with class and elegance and not a “waste of $10.” A Texas strip club is suing a New York strip club both using the BABY DOLLS mark for infringement and tarnishment saying the unlicensed cabaret is soiling its good name.
Since 1988, plaintiff, TTNA, Inc., has operated a strip club in Dallas, TX called “Baby Dolls Saloon” and other variations of that name. TTNA owns trademark registrations for BABY DOLLS, BABY DOLLS SALOON, and BABY DOLLS TOPLESS SALOON in classes that cover such things as “Entertainment Services, in the nature of adult topless stage revues and performances.” Google gives the club 3.1 out of 5 stars with such customers warning the following:

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Poor, Mr. Velayudhan. I can’t ever imagine being irate enough to leave a Google review about a strip club but I digress. Defendant operates an establishment in Upstate New York called “Baby Dolls Cabaret” that plaintiff claims is using its name without permission and getting poor reviews in doing so. One review says “what a waste of $10…”, but is that really worse than the above review. Baby Dolls Cabaret also advertises that is is about to sell apparel bearing the “Baby Dolls” name (obviously the can’t wait fashion trend for this spring). You can only push Baby Dolls Saloon so far. Yesterday, TTNA filed a lawsuit against the New York club claiming that consumers are likely to be confused regarding whether the services  provided by Baby Dolls Cabaret are endorsed, sponsored or approved by TTNA. We can only hope that by “services” the plaintiff is talking about dancing. TTNA claims the counterfeit club is tarnishing the BABY DOLL marks and attempting to trade off the business success and goodwill of TTNA and its trademarks. TTNA wants the club to stop using the name and seeks its damages and attorneys’ fees. All joking aside, plaintiff has been using the BABY DOLL marks for over 25 years and these marks, according to them, have gained valuable goodwill from the public. Plaintiff will need to show, usually by way of a survey, that people would confuse the names of the two clubs and think that they are related when they are not. The New York club ignored two cease and desist letters so it will be interesting to see if they choose to mount a defense. I don’t know why this important case isn’t heading right to the Supreme Court. ![main](http://piratedthoughts.com/wp-content/uploads/2016/02/main-3.png)