CLARKSBURG – A New York-based business says a Morgantown bar is guilty of trademark infringement.
Barcade Holdings Inc. filed its complaint May 19 in federal court in Clarksburg against Alias Enterprises doing business as Code and Code Bar & Lounge. Zachary R. Traugh, as the sole member of Alias Enterprises, Jamel Smalls and Alexis Merino, as managers of Alias, also are named as defendants.
According to the complaint, the defendants’ infringement and misappropriation of Barcade’s registered trademark have resulted in unfair competition and have injured Barcade’s business and goodwill.
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Barcade is the owner and operator of arcade themed bars that offer an array of bar services along with arcade games. It largely caters to young adults. It obtained the registered trademark for Barcade in 2005 and has used the mark as early as 2004.
The plaintiff says it has vigorously defended its trademarks against infringers and potential infringers with the U.S. Patent and Trademark Office, in federal court and in other instances.
Barcade says it recently learned the defendants were using Barcade’s registered trademarks to promote Code Bar & Lounge this spring without authorization. The complaint features several social media posts by the defendants that include the word “barcade.” It also includes a photo of a large sign outside the business that says “Barcade.” It says the photo was taken May 6.
“By using the trademark Barcade in the promotion of Code Bar & Lounge, defendants are creating a likelihood of confusion among consumers causing them to believe that Code Bar & Lounge is sponsored, endorsed by or affiliated with Barcade,” the complaint states. “No such sponsorship, endorsement or affiliation exists.”
The plaintiff says attorneys have delivered two letters to defendants in the last two months demanding they cease and desist from using Barcade’s trademarks. Barcade say the defendants have “completely ignored” the letters and continue to infringe on the trademarks without consent.
Barcade accuses the defendants of trademark infringement and federal unfair competition. It seeks to have the court immediately, preliminarily and permanently enjoin and restrain the defendants from infringing or contributing to the infringement of its trademarks, using the term barcade or similar variations, using a design confusingly similar to Barcade’s trademarks and otherwise competing unfairly with plaintiff in any way.
It also asks the court to find the defendants are infringing on Barcade’s trademarks and are unfairly competing with the plaintiff. In addition, it asks the court to order the defendants to take down and destroy any materials that contain the Barcade trademarks or similar variations of them.
Barcade also seeks damages for the trademark infringements that have occurred, including all profits the defendants have made during the period of infringement. It also seeks compensatory, incidental and consequential damages as well as enhanced, treble and/or punitive damages.
Barcade seeks attorney fees, court costs and other relief jointly and severally.
Barcade is being represented by Marc Williams and Jennifer Winkler of Nelson Mullins Riley & Scarborough in Huntington.
U.S. District Court case number 1:21-cv-00066
