‘Eat Sleep Ball’ Case Awaits Appeal Ruling

     ORLANDO (CN) – A federal judge stayed a trademark action involving the phrase “Eat Sleep Ball” on Old Navy clothing because of a pending appeal.
     Hoop Culture Inc. sells clothing and accessories to “consumers who share a love of basketball and the basketball culture,” according to court records. It trademarked the slogan “Eat…Sleep…Ball.” and claims in a June lawsuit that Gap Inc. used the phrase on its Old Navy website for clothing items “bearing the mark ‘Eat Sleep Ball.'” Old Navy also sold shirts with the slogan at retail stores, Hoop Culture claims.
     It requested that Gap “be permanently enjoined from using any infringing, counterfeits, copies, or colorable imitations of Plaintiff’s ‘Eat…Sleep…Ball.’ mark” due to its “unauthorized use and counterfeiting of federally registered trademarks” and “false designation of origin and unfair competition,” according to the lawsuit.
     A Middle Florida district court denied the streetwear clothing company’s motion for preliminary injunction against Gap last month. Hoop Culture then filed a motion for an expedited appeal with the 11th Circuit.
     Both parties sought a stay of the case until the 11th Circuit appeal was resolved. U.S. Magistrate Judge Thomas Smith granted that motion last week, staying the case pending Hoop Culture’s appeal. He also ordered the parties to file status reports every 60 days.
     In a phone interview with Courthouse News, Hoop Culture attorney Kelly Tillery said the company hopes the 11th Circuit will reverse the injunction denial.
     “We hope this will correct what we see as a fundamental error made by the district court so that this counterfeiting will stop as soon as possible,” Tillery said. “Hoop Culture’s trademark and high end products are being irrevocably damaged by Old Navy, which is a very low level discount brand.”

%d bloggers like this: