Hustler, CafePress Reach Settlement in Trademark Dispute
CafePress lets users upload their own graphics to their site, which will then put the user-generated artwork on products that range from T-shirts to coffee mugs, thongs and other common items.
Hustler filed suit in a Los Angeles federal court after discovering that some CafePress users had uploaded graphics using the trademarked logo "Hustler" without permission from LFP. They alleged that the presence of these products constituted an infringement on LFP's trademarks.
LFP Inc. President Michael H. Klein told XBIZ that the agreement, which included no money, focused only on products that used the actual, trademarked Hustler logo. Products that simply used the word "hustler" in other ways won't be removed.
A simple search for the term "hustler" on CafePress returned dozens of results, some of which featured the word "hustler" in various forms, but none of the products included the famous Hustler logo itself.
Klein added that CafePress have given Hustler ready access to their staff when they need to have something removed.
"We're going to work together in the future so that whenever we spot something objectionable, we have an open channel to them," he said.
In a prepared statement, CafePress representatives said that they wanted to find a way to settle the matter with Hustler while honoring the needs of their users.
"This resolution is a great example of a large rights holder and an Internet service provider reaching a non-monetary compromise that balances the rights of a trademark holder with the fair use rights of the users," representatives said.