Judge Grants Motion In Plaintiff Dailey Pike's 'I Wish These Were Brains' Trademark Infringement Lawsuit Versus Online Retail Giant Caf

On January 23, 2006 a United States District Court Judge, the Honorable Manuel Real, granted Plaintiff Dailey Pike's motion to file an amended complaint in his trademark lawsuit case no. CV05-8109 against Defendant CafePress.com, Inc, a Foster City, Ca. based online retailer.

In 2001 writer and comedian Dailey Pike came up with an idea for a movie titled "I Wish These Were Brains."

He describes it as a Faustian teen comedy about a young woman who thinking it a joke, unwittingly sells her soul to the Devil for bigger breasts only to gradually realize they won't stop growing.

Also in 2001 Pike began selling "I Wish These Were Brains" apparel thru CafePress as a marketing device for "I Wish These Were Brains" The Movie.

Pike subsequently applied for and was granted a trademark in IC 025 Clothing for the word mark "I Wish These Were Brains."

In 2003 Pike found competing CafePress shopkeepers selling clothing bearing his trademark and notified CafePress.com.

According to Pike over the next two years, despite his repeated protests, CafePress was unable to stop continued infringement of his trademark by their shopkeepers. He wound up suing the retailer on October 31, 2005.

Previous press releases about the case can be read here.

http://www.emediawire.com/releases/2005/12/emw326043.htm

http://www.emediawire.com/releases/2005/12/prweb324291.htm

This is the fourth trademark infringement lawsuit filed against CafePress within the last year, the latest filed January 17, 2006 by Plaintiff Marcel Fashion Group against Defendant CafePress, case no. CV06-20097, U.S. District Court Southern District of Florida.

Says Pike, "In my opinion the intellectual property department is either totally inept and understaffed or this is a pattern of behavior on CafePress' part. You have to wonder how they could monitor possible intellectual property infringement by two and a half million members selling over twenty million products. By CafePress' own admission 14,000 new, unique items are added each day.

"I believe they only pay lip service to their own policies. Here's the best example I could give anyone of merchandise that violates the first three CafePress Questionable Material & Prohibited Content Guidelines.

http://www.cafepress.com/cp/info/help/content_policy.aspx

"Products that in my opinion infringe on the rights of a third party, make inappropriate use of Nazi symbols and glamorize Hitler. I bought a tote bag featuring a stern looking Fuhrer, swastika on his left sleeve with the caption in German, 'Haben Sie Milch? Milch. Sie Tut Den Korper Gut.' Sound vaguely familiar? In English that translates to Got Milk? Milk. It Does A Body Good.

"I could have also bought postcards, t-shirts, mousepads, bbq aprons, wall clocks, calendars, throw pillows, magnets with the same picture and phrase. In all forty six products are offered for sale by CafePress. I'm sure The California Milk Producers Advisory Board wouldn't be too happy about this use of their registered trademarks.

http://www.cafepress.com/buy/hitler/-/pv_design_details/pg_/c_0/id_9813362/fpt_/opt_

http://www.cafepress.com/hitler_got_milk

"Why they sell any Hitler merchandise at all is beyond me but I guess that's their right. They offer over 3000 products. All you have to do is type Hitler into their search engine.

"Unbelievably, even after we're almost three months into the lawsuit, CafePress continues to offer apparel that I believe infringes on my "I Wish These Were Brains" brand trademark. The second store is a repeat offender.

http://www.cafepress.com/biohazard3000.23815491

http://www.cafepress.com/buy/humor/attitude/t-shirt/-/pv_design_details/pg_1/id_9185639/opt_/fpt_/c_/hlv_t

"With permission of their outside counsel Manatt, Phelps & Phillips I recently made a settlement proposal to CafePress but have heard nothing back from them. I'm still hoping this can be resolved."

ABOUT DAILEY PIKE-Dailey Pike is a writer, composer and performer based in Los Angeles. His twenty five year career includes thousands of appearances on television and the stage. His latest project is "I Wish These Were Brains" The Movie.

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