Leading adult industry company Vivid Entertainment has launched a legal battle to stop JM Sunflower Limited from selling adult toys under the “VIVIDO” brand.
Los Angeles-based Vivid recently learned that JM Sunflower Limited had begun selling adult toys under the “VIVIDO” brand that prominently feature a variety of adult goods that infringe on Vivid’s trademark. The adult toys are sold on the VIVIDO website as well as through adult toy distributors nationwide.
Last month the Hong Kong-based company filed a trademark application for the “VIVIDO” mark for “adult sexual stimulation aids, namely, vibrators.”
”Vivid will continue to vigorously defend our trademark where applicable. Vivid was granted a trademark that covered adult toys in 2006. Vivid has exclusive rights to the VIVID® mark for adult toys, including vibrators. This is blatant trademark infringement that will be aggressively pursued,” said Steven Hirsch, founder/co-chairman of Vivid.
The company sent cease and desist letters to JM and to each distributor selling the VIVIDO line of adult toys, and put them on notice that Vivid vigorously protects its proprietary rights. In January 2015 Vivid was awarded a $1 million judgment in The United States District Court, Middle District of Florida against the owners of a Florida exotic dance club that were infringing upon Vivid’s trademark. Vivid said its mark is legally incontestable under Section 15 of the Lanham Act.