In papers filed Friday in federal court, and first reported by The Hollywood Reporter, the co-creator of the hit comic book seeks summary judgment in his lawsuit against three defendants he accuses of filing 11 separate trademark applications related to “The Walking Dead.”
Kirkman sued the defendants, Philip Theodorou, Steven Theodorou and Anna Theodorou, in December, saying they have tried to exploit the “Walking Dead” brand for a number of goods and services, including T-shirts, drinking glasses and, yes, a restaurant.
In papers filed Friday, Kirkman insists the plaintiffs “have taken concrete steps to use the mark in commerce by raising money and preparing to open a restaurant in New Jersey under the mark.”
The declaration spells out that Kirkman holds trademarks for “The Walking Dead” across numerous categories, from books to clothing to tabletop games, while AMC holds licenses related to the television series. According to the documents, the “Walking Dead” comic series as grossed more than $12 million since its debut in 2003, with licensing revenue exceeding $5.8 million.
Kirkman’s lawsuit accuses the defendants of unfair competition, trademark dilution, and deceptive and unfair trademark practices.
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