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Duck Dynasty Sued by Camo Company

    July 29, 2014
    Mike Tuttle
    Comments are off for this post.

Down is up and up is down. Who would have ever believed that any manufacturer or seller of camouflage clothing in the world would ever sue A&E and their cash cow, Duck Dynasty? But that is exactly what is happening.

It all started when one of the stars of the hit A&E series, uncle Si Robertson, once said, “My favorite color is camo.” Sounds innocent enough. The phrase took off. And A&E, which already licenses camo materials with the show’s name and logo, began to license camo wear emblazoned with the phrase.

But hold up. It turns out there is already a company that has claim to that phrase as a camo sales gimmick. The company is called Hajn, and they are based in Florida. And this is not just a case of a smaller company beating A&E to the punch after that episode aired. Hajn says it registered the phrase as a trademark and put it on shirts, pants, hoodies, hats, magnets, stickers and bumper stickers in 2011, which is a year before Duck Dynasty started up on A&E.

So, the lawsuits cranked up.

“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 suit said. “Alternatively, A&E’s conduct constitutes reverse palming off, in that consumers believe that Hajn is selling Duck Dynasty related apparel.”

Hajn says they sent A&E a cease and desist letter, which they ignored. Hajn says they are entitled to a piece of the action.

“A&E generated $400 million in revenues from sales of Duck Dynasty branded merchandise at Wal-Mart in 2013 alone,” the suit said.

“Our client is a hardworking and enterprising small-business owner who took the time and effort to trademark his intellectual property,” Hajn attorney Greg Weiss wrote. “We had no choice but to pursue his rights though this lawsuit after our warning went unheeded.”

A&E’s lawyers have not commented, saying, “We don’t comment on pending litigation.”

Image via MyFavoriteColorIsCamo.Com

  • Jean Allen

    If those 5 words are indeed trademarked, A$E has no choice but to pay up.

  • cv

    http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:rnwal1.2.4

    Word Mark MY FAVORITE COLOR’S CAMO

    Goods and ServicesIC 016. US 002 005 022 023 029 037 038 050.

    G & S: Bumper stickers; Decals; Decorative decals for vehicle windows; Magnetic bumper stickers; Stickers; Stickers and decalcomanias.

    FIRST USE: 20110103.

    FIRST USE IN COMMERCE: 20110103

    IC 025. US 022 039. G & S: A-shirts; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Body shirts; Camouflage jackets; Camouflage pants; Camouflage shirts; Camouflage vests; Camp shirts; Caps; Caps with visors; Gym pants; Hunting pants; Pants; Sports pants; Sweat pants; Sweat shirts; Sweat shorts; T-shirts; Tee shirts.
    Drawing Code(4) STANDARD CHARACTER MARK
    Serial Number 85181028
    Filing Date November 19, 2010
    Current Basis1A
    Original Filing Basis1B
    Published for Opposition August 23, 2011
    Registration Number 4051985
    Registration DateN ovember 8, 2011
    Owner(REGISTRANT) Hajn, LLC LIMITED LIABILITY COMPANY FLORIDA 5405 Stately Oaks St. Fort Pierce FLORIDA 34981
    Attorney of RecordJason T. Danie
    lDisclaimerNO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “CAMO” APART FROM THE MARK AS SHOWN
    Type of MarkTRADEMARK
    RegisterPRINCIPAL
    Live/Dead IndicatorLIVE

  • cv

    Note – their mark is “MY FAVORITE COLOR’S CAMO” not “MY FAVORITE COLOR IS CAMO” – not an exact match but perhaps a likelihood of confusion if it is being used to identify a brand. I’d think they’d get more sales from DD to people thinking their stuff was DD backed. Maybe those cease and desist letters were preceded by an ignored licensing proposal?

  • vforba

    So as usual it’s not actually DD that they have an issue with it’s A&E. Very misleading.

    • gwcross gwcross

      Duck Dynasty is an A&E brand and the name of the TV show, Duck Commander is the group of guys and the Company in Monroe Louisiana

  • Jean Baggett

    MY favorite color is camo vs. My favorite color’s camo……….let’s see how this one turns out……………………..God Bless the Robertson Family…….

  • Jared

    man…bunch of whiners…they are just jealous A&E made more money then them on their slogan. Now of course they want some money…people are a bunch of complainers…call the “waybulance”.

    • James Rowland

      If they were just jealous they would have just sued them. They sent the cease and desist letters to get them to stop using their trademarked slogan but A&E refused to stop using it so they have to sue them.

  • bloozedaddy

    I just copyrighted the phrase “I have to go to the bathroom”…..so PAY UP !!!!!!

  • Jay Ebens

    I made a joke that my Girlfriend’s favorite color is leopard. Can I get some cizzash

  • Stevie Beef

    What most people don’t realize is legally, to maintain your Trademark you MUST vigorously defend infringement–ignore it and you could lose enforceability. Seems to me to be an overkill for the trademark holder–but that’s the law. Go figure.

  • pdsnider

    A&Es problem not a Robertson problem.

  • jWd

    Does *uck Die nasty even havce viewers these days?

  • Boats N Hoes

    Are you kidding?! I’ve been hearing the word “camp” as a color for over 15 years now. Looking for a payday…

  • Pam

    Now adays everyone wants to sue somebody !!! A&E hope you win this one!!

  • yappie

    There is a technicality, Hanj say ” My favorite color’s camo.” Si said,” my favorite color is camo.” The difference is the word is and no apostrophe on camo. So I don’t think the lawsuit will fly.

  • yappie

    Sorry the apostrophe is on color’s and Si says “My favorite color is camo.” Still a technicality that will show there was no infringement on Hanj’s saying.

  • Rich Toliver

    And NOW we are Trademarking and/or Patenting the English language? WTH, you’re serious? What NEXT? BREATHING? Some one call 911 and get the WAHMBULANCE headed out.

  • Josh Rayborn

    They have to pay up. I bet they would make other company’s pay up if they used an a&e trademark.

  • Lopaka

    So by some of the comments I can open a restaurant called Starbuck or would Starbuck’s be better to keep from being sued?

  • gwcross gwcross

    I see a lot of people getting the 2 confused with each other, Duck Dynasty is 100% A&E, they own the name and the show, the Robertson Family is/owns Duck Commander. If you go to the store and buy DD branded stuff the money goes to A&E, if you go to the store and buy Duck/Buck Commander stuff the money goes to west Monroe Louisiana. Now I am sure they get a cut of the DD stuff but that brand is not owned by the family.

  • Patrick Cox

    Does this Hajn company have a website? I could not find one. And yes my favorite color is camo.

  • Intruder

    This is a bullshit lawsuit…Someone trying to get money I think people no the difference

  • rebelmountainman

    DD SUCKS worst show on TV