'Duck Dynasty' Camo Phrase Subject of A&E Trademark Lawsuit

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By Katherine Weber , Christian Post Reporter
July 25, 2014|9:18 am
  • Duck Dynasty
    (Photo: Courtesy of A&E and Howard Books, an Imprint of Simon and Schuster)
    Phil Robertson, patriarch of the Robertson family and star of A&E's most-watched show, "Duck Dynasty." He's also the author of the new book, "Happy, Happy, Happy" that is based on his faith in Jesus Christ, the founding fathers, and his work at Duck Commander.

A Florida clothing company is suing A&E over its "Duck Dynasty" brand clothing that carries the phrase "My Favorite Color is Camo."

The Florida-based company Hajn is claiming the television network committed trademark infringement by using the phrase on its "Duck Dynasty" themed clothing after one of the show's characters, Uncle Si, uttered the phrase in an episode.

Hajn claims in a civil suit filed in Florida on Tuesday that it coined the phrase and printed it on various clothing items in 2011, one year before the premiere of "Duck Dynasty."

"A&E's conduct constitutes clear acts of unfair competition that risks considerable consumer confusion in that customers purchasing apparel from A&E believe that these goods are affiliated, sponsored, endorsed or related to Hajn," the lawsuit says.

"Alternatively, A&E's conduct constitutes reverse palming off, in that consumers believe that Hajn is selling Duck Dynasty related apparel."

The lawsuit adds that the A&E marketing and production of such clothing has created confusion for consumers. "A&E's use of the name has led to instances of confusion, including instances of reverse actual confusion, in that customers either believe that Hajn is selling Duck Dynasty apparel, or that Hajn's apparel and related novelty goods are based upon the show."

The company is demanding that A&E stop printing the "My Favorite Color is Camo" phrase on its clothing and pay the Florida-based company for damages. The television network has not replied to a cease and desist letter sent by the company in June, nor has it filed a court response to the lawsuit.

The lawsuit adds that A&E has sold its "My Favorite Color is Camo" clothing in retail stores that include Sears, Wal-Mart, Sports Authority, and Target. Wal-Mart sales of the items are believed to have generated $400 million for the television network in 2013 alone.

 When CNN reached out to A&E for a comment on the lawsuit, publicist Dan Silberman replied: "We don't comment on pending litigation."

 

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