Ever heard of Club Vivid? No not the nightclub in Las Vegas that we all partied at the AEE show a year or two ago. I think it was at the Venetian. No, that’s not the club Vivid I speak of. I actually mean another one. Turns out some dumb ass decided to rename his nightclub to Vivid. They describe it as ….
Vivid is San Jose California’s newest and most exclusive mega club that brings South Beach style nightlife to the Bay Area.
Now here is where things get interesting …….
The real Vivid, you know those guys who own the adult movie company? Well turns out they are pretty pissed that someone is using their trademarked name.
To be exact, Vivid Entertainment claims that the San Jose nightclub with the same name is infringing on the name it’s used for film, Internet, mobile, retail and licensing business for years.
I called the Vivid officers to comment on the matter and a rep from Vivid Entertainment stated they don’t typically comment on litigious matters but will state the law is clear on matters of trademark and IP infringement. I couldn’t get anyone else to comment on the matter despite my best efforts.
I called this Vivid nightclub to try and get a comment. The first time I spoke with a young sounding male who did not identify himself. He was rather short and nasty with his reply stating that he wished us freaky porn people would leave them alone. The Vivid nightclub in San Jose has nothing to do with porno and we wishes we would all just burn in hell. He then hung up. I called back later and spoke to an older sounding gentleman who wishes not to identify himself. He did state however that he was aware of Vivid Video prior to the renaming of the club but did not think the two were similar as one sells stag films while the other is a nightclub. He was not aware of the other Vivid related products including Vivid Comics, Books and footware and most importantly he seemed really surprised to hear that there was a Vivid nightclub in Las Vegas.
What’s most interesting about this ordeal is that the owners of this Vivid nightclub, Diamond S.J. Enterprise filed papers with the U.S. Patent and Trademark Office to get a registered trademark AFTER getting cease and desist letters from the Vivid Entertainment lawyers.
Vivid Entertainment attorneys said that using the Vivid mark “is likely to cause confusion, mistake or deception in the minds of the public.” and as a result Vivid Entertainment is asking for unspecified damages and an injunction against the club owners barring them from using the name.
To say the last this should be a very interesting case of who has the biggest lawyers. Oh that would be Vivid Entertainment you dumb asses. I don’t know what the hell these investors where thinking but clearly this is a case of some stupid fuckers with more money than brains because half a moron could have looked into the trademark issues with the name. DUH.