The DC Swim Week (DCSW) Group, parent company of Miami Swim Week - The Shows, has filed a lawsuit against its competitor, Paraiso Miami Swim Week, as it seeks to protect its claim of the ‘Miami Swim Week’ trademark.

The move comes after the Trademark Trial and Appeal Board ruled that DCSW had “improperly registered” the trademark and that its ongoing use of the phrase was leading to alleged misunderstandings among consumers.

While DCSW maintains ownership of the trademark, currently registered with the United States Patent and Trademark Office (USPTO), Paraiso’s parent company, Funkshion Labs LLC, claimed the ruling could ultimately cancel the registration in its favour.

Funkshion’s attempt to file its own ‘Miami Swim Week’ trademark with the USPTO is currently pending.

Now, however, DCSW is stepping up in an effort to retain its ownership rights, appointing the law offices of Elysa Galloway and Charlotte Towne Law to file a federal lawsuit in regards to the registration dispute with the Southern District of Florida.

In the filing, DCSW alleges that Funkshion Labs LLC had infringed on its trademark, enacted “false representation” and had made “fraudulent claims of prior use”. Next to calling for legal declaration reaffirming its ownership of the ‘Miami Swim Week’ mark, DCSW is also seeking damages, attorney fees and injunctive relief.

In a statement to FashionUnited, DCSW said: “The lawsuit challenges Paraiso’s trademark application for Miami Swim Week, which DCSW alleges is based on false specimens of use and declarations, and asks the Court to review and vacate a recent decision in the Trademark Trial and Appeal Board.

“DCSW is committed to enforcing its rights in ‘Miami Swim Week’ to prevent confusion in the marketplace and stop Paraiso and Funkshion from wrongfully asserting ownership of its registered mark.”