The Illinois Appellate Court this week affirmed Playboy Enterprises’ $19 million judgment and injunction against Play Beverages LLC/CirTran Beverage Corp.
The Court completely rejected the appeal filed by Play Beverages/CirTran Beverage.
In the original trial during 2016, a jury unanimously found that Play Beverages/CirTran Beverage intentionally sold energy drinks under Playboy‘s trademarks knowing the marks were counterfeit. The jury awarded $7 million to Playboy.
Following that verdict, the Cook County Court issued a permanent injunction against Play Beverages, CirTran Beverage and persons associated with them, including their principal, Iehab Hawatmeh, along with their agents and distributors. The injunction ordered them to immediately stop manufacturing, selling, promoting, and advertising all products and services in conjunction with the Playboy brand or any confusingly similar trademark.
Then in 2017, the Court denied the request of Play Beverages/CirTran Beverage for a new trial, upheld the jury’s findings and tripled the trademark infringement award in Playboy’s favor from $5 million to $15 million. The Court also awarded to Playboy Enterprises attorneys’ fees and costs of suit. The enforceable judgment now totals in excess of $19 million.
Playboy Enterprises will continue its enforcement actions, including collection of the judgment amount and policing Iehab Hawatmeh’s companies to ensure their compliance with the injunction against further infringing and counterfeiting activities. In addition, Playboy will continue to defend its trademarks vigorously throughout the world as Playboy has done in this case.
Playboy Enterprises’ trial counsel were Pete Ross of Browne George Ross LLP and Edward Feldman of Miller Shakman & Beem LLP.
One Response
Playboy has always been very litigious. People learn quickly that’s not a company to steal from. If more porn producers would behave the same way, it might have curtailed some of the piracy in the industry long ago.