Platypus Wear Inc. Sues Over 'Bad Girl' Merchandise and New UPN TV Show

Platypus Wear Inc. Sues Over 'Bad Girl' Merchandise and New UPN TV Show

SAN DIEGO, May 23 /PRNewswire/ -- Platypus Wear Inc. -- San Diego-based owner of the Bad Boy, Bad Girl and Life's A Beach trademarks -- has filed a lawsuit against Cameron Tuttle and her Bad Girl Swirl Inc. for trademark infringement.

The lawsuit was filed as cable network UPN prepares to launch a new comedy, The Bad Girl's Guide, starring Jenny McCarthy, loosely based on Tuttle's book series of the same title. The show is scheduled to debut on Tuesday, May 24, 2005.

"We have tried for over a year to get Ms. Tuttle to negotiate an agreement that would allow her to legally use the name Bad Girl for merchandising and television," said Melody Harris, Platypus Wear's general counsel and brand development director. "Despite those efforts, she chose to proceed without our permission, and we felt we had to sue to protect our rights."

The suit (05-CV-1082) was filed Friday in U.S. District Court in San Diego. In addition to Tuttle and Bad Girl Swirl, the complaint names online storefront Madmerch Inc., Palm Tree Productions and Flame Television as defendants. Palm Tree and Flame are producing the television show in association with Paramount Network Television.

The lawsuit seeks to halt the defendants from using the Bad Girl name on the TV show, clothing and related merchandise.

Platypus Wear Inc. has owned the U.S. trademark registration and marketed, sold and licensed a variety of clothing and other products under the Bad Girl name since the mid-1980s.

In 2001 she filed an application with the U.S. Patent and Trademark Office on the mark "Bad Girl Swirl." Platypus Wear opposed the application, and in July 2003 the trademark office's appeals board refused to register the Bad Girl Swirl mark. Tuttle has filed six other applications and none have been granted.

In 2004, at the request of Platypus Wear, Tuttle stopped selling Bad Girl clothing via her website. But as promotional efforts for the TV show began in 2005, she resumed sales of Bad Girl clothing.

"Ms. Tuttle has tried to convince the marketplace that all things Bad Girl emanate from her," Harris said. "We want her to stop damaging our brand and stop using the Bad Girl name in areas where we own the rights."

Platypus Wear Inc. also owns the Bad Boy and Bad Girl trademark registrations for clothing, entertainment and a number of related merchandise accessories, which are marketed and sold internationally.

CONTACT:
Dreyer Communications
Evan Dreyer, 720.350.8370

Source: Platypus Wear Inc.

CONTACT: Evan Dreyer of Dreyer Communications, +1-720-350-8370, for
Platypus Wear Inc.

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