FyreTV's Trademark Suit Over Amazon's Fire TV Continues

Rhett Pardon

MIAMI — Amazon Inc. rolled out its new set-top box Fire TV today despite that it continues to face a lawsuit waged by adult entertainment company FyreTV over charges it allegedly appropriated its trade name.

Fyre TV, initially launched as IPTV set-top box in 2008 by Guatemalan business entrepreneur Rodrigo Franco, offers 15,000-plus adult films from more than 100 studios on web and Roku, among other third-party set-top boxes.

FyreTV's parent company, Wreal LLC, has a trademark and is registered for the “Fyre TV” mark for use in telecommunications via a set-top box  

Amazon's Fire TV, marketed primarily through Amazon.com, is "the easiest way to enjoy Netflix, Prime Instant Video, Hulu Plus, low-cost movie rentals, and much more," the company said.

Wreal, the Florida-based company behind FyreTV, said in its original complaint in April that Amazon's acts to appropriate the phonetically similar name were “knowing, deliberate and willful” and resulted in consumer confusion "in the form of reverse confusion."

FyreTV  has a trademark and is registered for the “Fyre TV” mark for use in telecommunications via a set-top box, like Amazon’s. 

“Amazon's use of the name ‘Fire TV,” which is in effect identical or substantially similar to Wreal's FyreTV and FyreTV.com marks, is without the permission, consent or authorization of Wreal,” the suit said.

“As a consequence of Amazon's actions, consumer confusion, in the form of reverse confusion has occurred, and will inevitably continue to occur, absent an injunction.

The infringement suit, filed in federal court in Miami, seeks damages, injunctive relief and attorneys fees.

Both parties are currently moving toward discovery, perhaps up to 12 months' worth.

Wreal attorneys are proposing a trial date of October 2015; Amazon proposes July 2016. The trial is estimated to last 10 days.