Not since Mariah Carey claimed “I don’t know her” about Jennifer Lopez has such supreme shade been thrown on public record.
Filo Promotions owns a self-described “premier, well-appointed bar/lounge with a posh upscale atmosphere and a focus on high quality drinks, creative new sounds and a small plates menu with exceptional tapas” named Bathtub Gin in Manhattan’s Chelsea neighborhood. It brought suit under the Lanham Act against a Mooresville, North Carolina bar of the same name for two counts of trademark infringement. Filo owns an incontestable trademark for “BATHTUB GIN” and seeks damages and injunctive relief.
Interestingly, the complaint delivers premium farm-to-table shade: “FILO employs first rate cocktail mixers and servers so that the customers’ experience is nothing less than amazing. Defendant’s ‘The Bathtub Gin’ is a basic bar with none of the same attention to quality and décor attended to by Plaintiff.” Oh, Filo went there. Filo Promotions doubled down last week, filing a certificate of default when Bathtub Gin’s motion to appear pro hac vice was deemed deficient. We will have to wait to see if Bathtub Gin resubmits its motion before Filo Promotions moves for default judgment later this month.
Takeaway: Although this action represents a relatively standard trademark infringement lawsuit, it offers a masterclass in the art of throwing shade. The case is Filo Promotions Inc. v. Bathtub Gins Inc., case number 1:17-cv-10246, in the U.S. District Court for the Southern District of New York. Get your hands on a copy of Filo Promotions’ complaint and enjoy.