D2’s lawsuit will have to prove slots gamblers will mistake the Netflix show for the sports radio show.
The Massachusetts company, D2, is suiing a production company owned by Netflix, because of the logo on House of Cards Slot Machines. Media Rights Capital is Netflix’s production company, which is known for producing original programming like House of Cards, Orange Is the New Black, and Daredevil.
D2 trademarked the term “House of Cards” in 2009, because of a radio show it produced. The Massachusetts-based company said it has produced “House of Cards” merchandise since 2013, when it started marketing hats, bumper stickers, and t-shirts with their logo on them. That was before the Netflix show, which stars Kevin Spacey, launched on Netflix.
MRC Knew about the D2 Trademark
D2 claims in its lawsuit the Media Rights Capital knew about the trademark, because they tried to claim the brand for themselves. Despite knowing that someone else held the trademark, D2 claims Netflix went ahead with its plan to sell merchandise and licenses without D2’s permission.
This included a deal with IGT to market two separate House of Cards slot machines, named “House of Cards Welcome to Washington” and “House of Cards Power and Money“. The Massachusetts company is seeking damages from Netflix for House of Cards Slots. D2 also wants to have those gaming machines taken off the market.
How Trademarks Work in the US
US trademark laws states that company has broken law when it involves “the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.”
That might sound like an open-and-shut case, but there are three factors which have to be proven by D2, if it is to win its case. The first hurdle is proving it owns a “valid mark” on phrase. Given the company has owned the phrase since 2009 and MRC was aware of the mark, that should not be a difficult hurdle to surmount.
The Legal Case to Be Made
The second hurdle is the plaintiff must prove that its mark has “priority” to the defendant’s mark. Once again, that should not be that difficult to prove, given similar considerations as the previous case.
Third, D2 is going to have to convince the judge that the “the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties’ marks.”
About the D2 Radio Show
D2’s “The House of Cards” radio show is currently syndicated in parts of 9 different U.S. states: Massachusetts, New Jersey, New Mexico, Nevada, Delaware, Connecticut, Illinois, Pennsylvania, and Florida. The show also can be heard on the Internet on Yahoo Sports Radio.
A casual look at the logo’s for both brands suggests there is little chance of confusion between the two logos. D2 is going to have to prove that House of Cards slots players are going to confuse the radio show with the Kevin Spacey streaming video show. That appears to be a tall order.
Comparison of the Logos
One logo features the simple words “House of Cards” in red letters on a black background. Inside a silver oval, a silver circle with a black spade symbol can also be seen. This is contrasted with a picture of Kevin Spacey sitting amidst the US capital, with the words House of Cards and an upside-down US flag in the background. The two logos have little in common.
The case is set to go before the court of Massachusetts District Court Judge Douglas P. Woodlock later in the year.
