JACKSONVILLE (CN) – David Garrard, the Jacksonville Jaguars and the NFL sued Jacks or Better Casino, Cruises to Nowhere and Mark Slotkin for using trademarked names and logos to advertise their casino boat. The plaintiffs dispute the defendants’ claims that they can use the images because they found them on Google.
The plaintiffs particularly object that once the defendants’ boat enters international waters, “Jacks offers a sports book that allows for betting on sporting events, including on NFL games.”
Garrard, his team and the NFL say they do not approve of the defendants’ activities, and demanded that they cease and desist using in its ads, “among other things, a photograph of Mr. Garrard in action wearing his distinctive Jaguars uniform and helmet.”
In response to the Jaguars’ cease and desist letter, the team says, Jacks “claimed that because it was able to obtain the picture from Google images, the picture must be free for anyone to use.”
Actually, it’s not, the team says.
It adds that Jacks refused to stop after two more cease-and-desist letters.
The plaintiffs demand punitive damages for violation of publicity rights, false endorsement, trademark infringement, trademark dilution, false advertising, unfair competition and deceptive trade. Their lead counsel is John Tucker with Foley & Lardner.