RLH Corporation has filed a lawsuit against Hard Rock Café International in a New York federal court alleging that the Hard Rock brand copied trade dress distinctive of the Hotel RL brand. The filing occurs in light of the launch of Hard Rock’s Millennial-centric Reverb brand last month, which RLH Corporation believes plagiarizes signature elements of its own branding. RLH also called on Hard Rock’s hiring of the Gettys Group, the Chicago-based design practice also enlisted for RLH’s own designs.
Additionally, RLH Corporation is enforcing its rights and remedies under its contract with the Gettys Group, which it believes has been breached given the similarity of work produced for Hard Rock. The complaint seeks compensatory damages, an injunction, Hard Rock’s profits from the Reverb franchise, and legal fees and costs.
“While imitation is the sincerest form of flattery, and it is indeed understandable that Hard Rock would seek to imitate our brand’s success in this market, we are not appreciative of Hard Rock’s wholesale infringement of our trade dress with the Gettys Group’s help,” says RLH Corporation president and CEO Greg Mount. “Hard Rock’s infringement is particularly troubling in light of its aggressive litigation strategy to protect what it considers to be its own trade dress. RLH Corporation welcomes fair competition, but infringement of our trade dress is unfair and illegal. We are prepared to defend our brands and will pursue all avenues available to RLH Corporation to ensure that all of our brands are protected.”