Intellectual Property Law

Who Owns "Angels" Show Trademark and Trade Dress? Western District to Decide

By Michael Atkins

Plaintiff Kristen Colliander performing with the “Angels”

Seattle entertainer Kristen Colliander performs under the names Kaycee Cole and Kristen Collianeli.

She filed suit today in the Western District against Douglas Naftzger, d/b/a Goldberg Entertainment Inc. 

Ms. Colliander alleges that Mr. Naftzger and his company engaged her from February 2005 to July 2008. During that time, she says she created the “choreography, stage direction, custumes, and all other creative elements” in a burlesque-style song and dance tribute now known as “The Angels: A Pussycat Dolls Tribute.” She also claims she owns the ANGELS trademark in connection with the show.

Ms. Colliander claims that even though she’s separated from Mr. Naftzger and his company, they continue to use her “copyrighted material, trademark, unique pseudonyms, images, and likeness in promotional and marketing materials for infringing ‘Angels’ performances” without her permission.

Given her other allegations, Ms. Colliander not surprisingly also states: “There is no written instrument detailing the business relationship between Plaintiff and Defendants, including any assignment of ownership in any right, claim, or interest in and to any intellectual property or privacy rights belonging to Plaintiff, including performances, sound recordings, or other media.”

Along with copyright infringement, Ms. Colliander states claims for misrepresentation under the Lanham Act, common law trademark infringement, and violation of Washington’s right of publicity statute.

Defendants have not yet answered the complaint.

The case cite is Colliander v. Naftzger, No. 10-0536 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on March 30, 2010 (boomark / email).