Professional Ice Hockey team, Orlando Solar Bears, prevail in Trademark lawsuit

Recently, a lawsuit that was filed against various entities and persons related to the professional ice hockey team, the Orlando Solar Bears, was dismissed.[1] The lawsuit was originally brought in the Western District of New York but was then moved to the Middle District of Florida.[2] The Plaintiff’s complaint alleged causes of action for trademark infringement, unfair competition, trademark dilution, and copyright infringement.[3]

The Orlando Solar Bears are a professional ice hockey team in the East Coast Hockey League, which operates as one of the developmental/minor leagues for the National Hockey League (“NHL”). The ECHL is a tier below the American Hockey League (“AHL”) which is the primary development/minor league for the NHL in the United States. The Orlando Solar Bears are an affiliate of the Toronto Maple Leafs of the NHL.[4]

The lawsuit involved a dispute over who owned the Orlando Solar Bear’s team logo.[5] The Defendants filed a Motion to Dismiss the lawsuit, which was eventually granted leading to the dismissal of the case.[6] The lawsuit was dismissed as a result of the Court finding that the Plaintiff had submitted false declarations to substantiate the Plaintiff’s alleged ownership of the Orlando Solar Bears trademark.[7] The Court also awarded reasonable attorneys’ fees and costs to the Defendants as a sanction.[8] Please contact our office if you have any questions regarding the information in this article.

Daniel Devine, Esq.
Santucci Priore, P.L.
Shareholder

[1] See, David D’Amato v. ECHL, Inc., et. al., Case No. 6:15-cv-826-Orl-40TBS at Docket Entry 86 (M.D. Fla. Dec. 14, 2015).
[2] Id.
[3] Id.
[4] See, http://www.nhl.com/ice/news.htm?id=727629
[5] See, David D’Amato v. ECHL, Inc., et. al., Case No. 6:15-cv-826-Orl-40TBS at Docket Entry 86 (M.D. Fla. Dec. 14, 2015).
[6] Id.
[7] Id.
[8] Id.

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