No burying the hatchet in Lizzie Borden trademark dispute

The operator of the Lizzie Borden House in Fall River has an axe to grind with the way the owner of a new coffeehouse next door named the place Miss Lizzie's Coffee and put up signs with blood-drenched hatchets.

In a trademark suit filed today in US District Court in Boston, US Ghost Adventures of Williamsburg, VA, says Joseph Pereira is clearly trying to hack off some of its business by using a name that makes it seem like the place, which opened last month, is associated with the B&B and museum it runs just one door down, and it is not going to stand for it:

"Miss Lizzie's Coffee," based on its name, logo/graphics, and proximity to Plaintiff's place of business, deceptively confuses unsuspecting customers by creating a false association that Defendants' services are affiliated with, approved by, and/or licensed from Plaintiff. ...

For instance, given the close proximity of Plaintiff and Defendants' businesses, consumers who attempt to patronize "Miss Lizzie's Coffee," upon information and belief, inquire as to the suspected association between the two entities. Guests of Plaintiff's bed and breakfast, upon information and belief, have inquired as to Plaintiff's suspected association with "Miss Lizzie's Coffee" as well.

On information and belief, consumers are likely to continue to be confused as to the source of the respective parties' offerings and the affiliation between Plaintiff and Defendants.

Mr. Joseph Pereira has made public statements indicating that the location of "Miss Lizzie's Coffee" was chosen specifically due to its immediate proximity to Plaintiff's business. Mr. Pereira noted his original location was to be in the Fall River train station.

By causing actual confusion, and continuing to cause a likelihood of further confusion, mistake, and deception, and because Plaintiff has no ability to control the quality of the services offered by Defendants, Plaintiff is in danger of irreparable harm to the goodwill symbolized by the Marks, their registrations, and the reputation for quality that they embody.

US Ghost says it has been using Lizzie Borden's name - and an axe - in trademarked materials, since at least 2013, so it has priority over use of the name as it seeks to carve out a part of the Fall River tourism and hospitality dollar by promoting what it calls the Mystery, that is, the question of whether Lizzie Borden gave her mother, well, you know, as well as by selling souvenirs such as hand axes stained with what appears to be blood and, of course, crazy-eyed Lizzie Borden bobble-head dolls.

The company is seeking an injunction declaring that it has the sole right to use Borden's name and an axe on Second Street in Fall River, that Miss Lizzie change its name, publicly apologize and take out ads explaining the folly of its ways. Plus, the company wants Miss Lizzie's to pay treble damages based on all the profits the coffeehouse has made since it opened last month as well as enough in financial damages to make its owner think not just twice but at least 41 times before ever trying something like that again.