The Academy of Motion Picture Arts and Sciences have filed a lawsuit against Distinctive Assets for using the Oscar trademark name to "raise the profile of its 'gift bags' and falsely create the impression of association, affiliation, connection, sponsorship and/or endorsement" and names the company's founder, Lash Fary as a defendant.
The Academy argues that the company was deliberately misleading media organizations and news articles with slogans like: "Everyone Wins Nominee Gift Bags in Honor of the Oscars®." The Academy says the use of the trademark symbol is an attempt to imply an official connection between the Oscars and the contents of the swag bag.
The lawsuit is calling for a federal judge to prevent Lash Fary from using the Oscar trademark in future and is seeking compensation for damages — three times the amount of his profits — as well as the Academy's legal fees.
Meanwhile, those US$200,000 swag bags — could get even more expensive.