TROY LANDRY SUES OVER TRADEMARKED SAYINGS

By Daniel Davidson

Entertainment must be hard to come by these days, or the broadcast companies have realized that it is as easy as following around an alligator trapper to keep viewers entertained.  I have to admit, I am a huge fan of the show ‘Swamp People’ which airs on The History Channel.

‘Swamp People’, a show centered on various families in the Louisiana Bayou, depicts the everyday lives of an alligator trapper and the obstacles they encounter.  Some obstacles include extreme weather, poachers, gun misfires, and of course, “Tree Shakas”.

For one trapper, he has encountered a new kind of obstacle, trademark infringers.  Troy Landry, one of the more popular personalities of the show, filed a lawsuit in the U.S. District Court for the Western District of Louisiana claiming that Halpern Import Company, National Cap and Sportswear, Inc., and Ripple Junction Design Co. have infringed upon his trademark rights.  Among the trademarks which Landry claims have been infringed are, “Choot Em”, “Tree Shaka,” “Tree Breaka,” and “Mudda Fricka.”

In the Complaint filed by Troy Landry Productions, LLC, they claim that they are owners of “unregistered and federally registered trademarks,” which include the marks listed above.  Upon examination of the U.S. Patent and Trademark Office’s TESS (Trademark Electronic Search System) for trademarks filed by Landry, I did not come across any trademark registrations for any of his marks, including the applications filed for “Troy Landry” and “Got Gator.”  Although Troy doesn’t have any federal registrations for the trademark sayings, Troy does enjoy common law trademark rights in them.

The companies listed for infringement allegedly offer for sale t-shirts, caps, sweat shirts, etc. containing the “Choot Em,” “Tree Shaka,” “Tree Breaka,” and “Mudda Fricka” trademarks.

Troy Landry Productions, LLC is praying that the Court order the named Defendants be enjoined from using the trademarks, that they deliver all the merchandise, signs, displays, advertisements, packaging, and other materials, which bear the trademarks, to Landry for destruction, an accounting of all profits from the sale of the merchandise, to pay punitive damages, attorney’s fees and costs, and anything else Court deems to be proper.

I have a feeling that Mr. Landry is going to have to wage a few fights to protect his valuable trademark rights.  In protecting those rights, he will be preserving the goodwill which comes with trademarks and his fame.  In turn, Troy will be making his trademarks that much more valuable.