'Funky Brown Chick' Accuses 'Funky Black Chick' of Infringement

An entertainer who calls herself "Funky Brown Chick" has filed a trademark infringement suit against another entertainer who uses a similar moniker.

In her complaint, filed in the U.S. District Court for the District of Maryland, Twanna A. Hines says she is based in New York and has used the "Funky Brown Chick" trademark in commerce since at least June 2005.

She uses the trademark in connection with educational and entertainment services and offers a "continuing information and education program about interpersonal relationships accessible by computer networks," according to the complaint.

Hines describes herself on her Web site as a "sex, dating and relationships writer in New York."

She registered the domain name "funkybrownchick.com" in 2006, the complaint says.

Because of her extensive and continuous use of the "Funky Brown Chick" mark, Hines says, the entertainment community and the general public have come to recognize her as the source of the trademark and the origin for her service.

The plaintiff allegedly learned that defendant Yesha Callahan is using the name "Funky Black Chick" in connection with services that are strikingly similar to those Hines provides, including hosting a Web site.

Hines says she contacted Callahan in May and asked her to stop using the mark but that the defendant has refused.

The complaint alleges false designation of origin under federal law and trademark infringement under Maryland law.

Hines is seeking injunctive relief and damages against Callahan and an order directing her to cease using the domain name funkyblackchick.com and to assign the domain name to the plaintiff.

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Hines is represented by Andrew R. Kopsidas, Scott A. Elengold and Scott Tolchinsky of Fish & Richardson in Washington and Anthony Fletcher, Irene E. Hudson and Karolina Jesien of the firm's New York office.