- COURT: M.D. Fla.
- TRACK DOCKET: 8:23-cv-01014 (Bloomberg Law Subscription)
- JUDGE: Thomas P. Barber (Bloomberg Law Subscription)
Food and beverage producer Vampire Family Brands LLC is accusing Dracula’s Legacy Wine Bar and Bistro in Florida of infringing its “Vampire” and “Dracula” trademarks through its restaurant decor and menu.
Vampire Family Brands owns several trademarks including “Fangria” and “Taste the Immortality” for restaurant and bar services, as well as food, wine, and distilled spirits. It seeks to block the St. Petersburg wine bar from selling its name-branded wines that include the mark “Dracula,” according to a lawsuit filed Monday in the US District Court for the Middle District of Florida.
It’s also attempting to stop Dracula’s Legacy from using the word “Vampire” in its bar, which currently has a sign that says “Beware of Vampires” and is “decked out with vampire memorabilia,” the complaint said.
The California-based Vampire Family Brands, which also owns restaurants in Beverly Hills and New Orleans, said its products have been featured in vampire-themed movies and television shows, including the “Blade” superhero films and HBO’s “True Blood.”
If Dracula’s Legacy’s isn’t stopped from selling its infringing products, consumers would likely be confused given the similarity in goods and services, the lawsuit said. It alleged that the bistro’s use of the trademarks are “harming Plaintiff’s brands’ reputation, are diluting the Vampire Family brands, and are disparaging.”
Vampire Family Brands requests a permanent injunction, damages based on Dracula’s Legacy’s allegedly illicit profits, attorneys’ fees, and a jury trial.
The parties weren’t immediately available for comment.
Attorney Sarah E. Bryant represents Vampire Family Brands. Lawyers haven’t yet entered an appearance for Dracula’s Legacy.
The case is Vampire Family Brands, LLC v. Dracula’s Legacy, LLC, M.D. Fla., No. 8:23-cv-01014, filed 5/8/23.
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