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Hard Rock Cafe Sues Pacific Sunwear

Apparel: Anaheim clothing chain accused of selling products using a label similar to the restaurant's trademark.

October 31, 2000|From Bloomberg News

Hard Rock Cafe International is suing teen-clothing retailer Pacific Sunwear of California Inc. for selling merchandise under the "Hard Rap Cafe" label.

Hard Rock has invested more than $50 million in promotions featuring its trademark logos on merchandise, the company claims. Hard Rock Cafe T-shirts "have achieved a unique cult-like aura and popularity," Hard Rock claims in its lawsuit, filed Thursday in U.S. District Court in Tampa, Fla.

Pacific Sunwear, based in Anaheim, operates more than 500 stores in 48 states. It is accused of selling hats and sun visors with the Hard Rap Cafe logo.

Pacific Sunwear's logo is likely to cause confusion among consumers and was created with "intentional, willful and wanton disregard" of Hard Rock's rights, the company claims in the lawsuit.

Hard Rock requests damages and that a federal judge order Pacific Sunwear to stop selling merchandise with the Hard Rap Cafe logo.

The lawsuit also names Gardena-based Colosseum Athletics Inc. for manufacturing the goods.

Officials from Colosseum and Pacific Sunwear were not available for comment.

Hard Rock, a unit of Rank Group Plc, was sued in March by Ty Inc., the maker of Beanie Babies plush toys, for allegedly selling toy bears that infringed on Ty's copyrights.

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