This curious plaintiff will never know the extent of Amazon’s sex toy business. A Judge ruled that during an ongoing trademark dispute between adult streaming service, FyreTV and Amazon’s Fire TV that some x-rated discovery requests were out of line.
Wreal, LLC is a Florida company that first introduced its streaming video service in 2007. It was among the first companies to introduce streaming of video content over the Internet; Wreal only provides adult content for streaming. In associate with its steamy streaming, Wreal registered the trademark FYRETV. The pay-per-view service is called FyreTV and the set-top box is called “Fyre BOXXX”. On April 2, 2014, Amazon launched its Fire TV product which similarly provides streaming video to its users. Amazon initially applied for the trademark FIRETUBE but that was rejected by the Trademark Office and Amazon went with the Fire TV name instead. In support of its claims, Wreal has claimed that the two services have already been confused.
Wreal was denied a request for a preliminary injunction to suspend Amazon’s use of the name during the pendendcy of the litigation and the fight has been going on for the past 1 1/2 years. As part of discovery, Wreal sought information about the extent of various sex toys and DVDs sold on Amazon. Wreal does not even sell sex toys but it appears that Wreal wanted to show that there is an overlapping market between the two services and thus this market would be confused by the two similarly named services. The judge put an end to these kinky discovery requests holding that whether Amazon lists sex toys or DVDs for sale is not relevant to whether the trademarks FIRE TV and FYRE TV are confusingly similar.
Despite this setback, this trademark dispute will continue for Wreal. This battle seems like it will last a long time.
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