Posted on 11/14/2006 9:07:37 AM PST by stainlessbanner
It seems the leader of the Parrotheads doesn't like being parroted.
Jimmy Buffett has filed a trademark infringement suit against a man who allegedly operates an online shop that sells Margaritaville-flavored merchandise without the singer's permission.
The lawsuit, filed in U.S. District Court in Galveston, Texas, accuses Robert Akard of running the Website UnderOneHut.com, which sells some of the same clothing and CDs available through Buffett's own Website, margaritaville.com and in his chain of stores and restaurants.
The "Cheeseburger in Paradise" singer complains that Akard wrongly bills himself as Jimmy Buffett's Online Store for Merchandise.
A (very) cursory comparison of items sold on both sites revealed similar pricing overall. For example, Buffett's latest album, Take the Weather With You, was available at a "special" rate of $16.95 through his official site and $16 through Akard's site.
Somewhat predictably, Buffett also had a far larger selection of his own wares available than his alleged competitor. In fact, according to Akard's lawyer, Darrell Apffel, Buffett-themed merchandise represents less than one percent of the products sold by UnderOneHut.com.
Apffel called Buffett's lawsuit "a classic case of David vs. Goliath," and said that Akard had made attempts to comply with the singer's requests.
"In response to initial correspondence from Buffett's attorneys, UnderOneHut.com made significant and meaningful modifications to its website and advertising, which specifically complied with Mr. Buffett's requests," Apffel said in a statement.
"But despite these good faith efforts Mr. Buffett, without notice to UnderOneHut.com or myself as legal counsel, undertook to file this suit and obtain a temporary restraining order seeking to shut down the entire website, which we will vigorously fight."
It's not the first time the beach-loving singer has battled Akard.
Buffett was previously granted a court order against the rival Web merchant in Nevada, but it "wasn't comprehensive enough," and Akard has since resurfaced in Texas, Florida and New York, Buffett's attorney, Tony Buzbee, told Reuters.
"This guy, who Buffett and his people have chased all over the country, apparently has set up shop in Texas," Buzbee said.
Buffett has asked a judge to order Akard to stop using and profiting from his name and likeness and to pay unspecified damages.
In other news, the singer appeared on 60 Minutes Sunday to offer his memories of his close friend, Ed Bradley, who died last week of leukemia. After hearing how sick the newsman was, Buffet rushed back from Hawaii to be with Bradley and was at his side when he died.
"I think what we had in common was our nomadic sense of being. And we were travelers, and we were kind of gypsies out there. He and his journalistic endeavors and me and music," Buffet said on 60 Minutes of the man he fondly called "Teddy."
Meanwhile, Buffett was inducted into the Nashville Songwriters Hall of Fame last month, shortly after Take the Weather With You debuted at number one on the country charts.
Also last month, Buffett was detained by French airport officials who claimed to have discovered 300 Ecstasy pills in his luggage. The singer paid a $380 fine, but clarified in a statement on his Website that the pills were actually a prescription "B vitamin supplement called Foltx."
Jimmy Buffett in Lawsuit State of Mind(E! Online)
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In this case, I believe the French. Buffett is an idiot.
"In this case, I believe the French.
Probably not all that rare.
Trademarks have to be defended, otherwise they are no longer valid.
Hey Jimmuh... stick that in yer' barometer soup!
He's another FOB. (Friend of Bill)
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What, that I believe the French, or that Buffett is a moron who takes drugs? :)
I suppose people believe whatever they want. I'm no Buffet fan but I find it REALLY difficult to believe that he was flying around the world with a boat-load of X.
But pot is not a gateway drug, just remember that.
Lucky it wasn't a Viagra.
Love yer music but "Shut up and Sing."
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
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You're right. I don't know what I was thinking.
Big Democrat crushes little businessman
Sing about that, Yimminy
I would urge everyone to view this link before forming any opinions ...
http://www.underonehut.com/jimmy_buffett_lawsuit.htm
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