Miami Swim Week continues to make waves.
As reported last week, Paraiso Miami Swim Week, which has organized the swimwear fashion event for more than 20 years, claimed it has won a legal ruling in a trademark dispute. The company claimed that the ruling canceled a trademark registration by DC Swim Week-Miami Swim Week The Shows for the “Miami Swim Week” trademark, which allegedly was causing confusion in the market.
DC Swim Week-Miami Swim Week The Shows has taken issue with that.
The law offices of Elysa Galloway and Charlotte Towne Law, known as The Mermaid Lawyer, have initiated a federal lawsuit on behalf of DCSW Group LLC to protect the Miami Swim Week trademark. The trademark is federally registered under number 907197707.
A new lawsuit, filed in the Southern District of Florida, targets two related fashion show production companies: FPM Holdings LLC, commonly known as Paraiso, and Funkshion Lab LLC, known as Funkshion. DCSW asserts that these companies have engaged in trademark infringement, misrepresentation and fraudulent claims regarding their use of the Miami Swim Week mark.
According to Moh Ducis, founder and chief executive officer of DC Swim Week-Miami Swim Week, “DCSW is committed to safeguarding its rights to Miami Swim Week to minimize confusion in the marketplace and to prevent Paraiso and Funkshion from wrongly claiming ownership of this valuable trademark, which is still registered with DCSW Group.
“We all aim to promote the commerce and initiatives of Swim Week, while we appreciate the diversity of options provided by competing production companies, our goal at DCSW Group is to ensure that Swim Week remains a vibrant celebration of designers,” Ducis said.
DCSW seeks damages, attorneys’ fees, costs, permanent injunctive relief and declaratory relief. The amount in controversy, exclusive of costs and interest, exceeds $75,000, according to the lawsuit.
Jaime R. Vining of Friedland and Vining P.A., who represents Funkshion Productions, said in an email that DCSW Group filed a lawsuit on Friday, seeking, among other things, the district court’s review of the Trademark Trial and Appeal Board’s cancellation order. The TTAB ordered the cancellation of DCSW Group’s registration on Feb. 27.
As reported last week, Aleksandar Stojanovic, cofounder of Funkshion, the official producer of Paraiso Miami Swim Week, said, “The decision [in the trademark dispute] sends a strong message about protecting intellectual property and the hard work behind building a reputable platform and brand. Miami Swim Week is an internationally recognized event, and this ruling helps safeguard its identity from being misrepresented.”
Meantime, both shows are plowing ahead. Miami Swim Week — The Shows plans its next event in Miami Beach from May 28 through June 1 at the Mondrian South Beach. It will feature more than 50 events spanning more than 20 satellite locations and a star-studded lineup of 150-plus national and international designers, models and celebrities.
As reported, Paraiso Miami Swim Week, which features designers, events and programming, will also take place from May 28 through June 1.
