Screen shot from plaintiff’s “The Parrot Lady” Web site
On April 22, Debbie Goodrich filed suit against Karen Allen in the Western District of Washington.
Plaintiff provides entertainment and other services under the name “The Parrot Lady.” Her complaint states she obtained a Washington business license under the name “The Parrot Lady Educational Entertainment” in 2001 and registered the parrotlady.com domain name in 2005.
Defendant owns a federal registration for THE PARROT LADY for “Exotic bird breeding and grooming.” The registration claims a first-use date in 1995. The complaint states that defendant owns a Torrance, Calif. sole proprietorship under the name “Birds & More” and maintains a website accessible at www.birdsandmore.com. The complaint alleges that defendant uses her mark in connection with bird-related goods and services.
Plaintiff alleges defendant or her representative has contacted a number of third parties complaining about plaintiff’s use of “The Parrot Lady” in advertising. The complaint states such third parties include Facebook, Critter Fest, and a Seattle-area YMCA, and those parties have removed advertisements publicizing plaintiff.
Plaintiff seeks an order declaring that her use of THE PARROT LADY does not infringe defendant’s rights in THE PARROT LADY and claims superior rights in the mark in Washington. She also seeks to cancel defendant’s registration, alleging it is generic “for a woman having expertise in breeding and grooming exotic birds, such as parrots.”
The case cite is Goodrich v. Allen, No. 11-687 (W.D. Wash.).