BENTON – British musician Jason Kay sued dozens of “individuals, partnerships, and unincorporated associations” in U.S. district court on Dec. 22, claiming they use his trademarks to sell products online.
His counsel Javier Sobrado of Miami didn’t name any defendants and instead attached a schedule of their Internet identification codes.
He claimed they promote, sell, reproduce, offer for sale and distribute goods using counterfeits and confusingly similar imitations of Kay’s trademarks.
Sobrado claimed Kay suffers ongoing daily and sustained violations of his rights.
He claimed defendants erode the good will associated with Kay's trademarks and destroy the legitimate market sector in which Kay operates.
He wrote that they engage in unfair competition within the United States and the Southern Illinois district.
Jason Kay performs as Jay Kay.
He writes and sings with Jamiroquai, a jazz and funk band he formed in 1992.
Success for their first single, “When You Gonna Learn,” earned them a Sony deal.
Sobrano claimed they hit the top of United Kingdom album charts with Emergency on Planet Earth in 1993, Synkronized in 1999, and Funk Odyssey in 2001.
“Jamiroquai has sold more than 27 million albums worldwide,” he wrote.
Sobrado claimed the Sony contract ended in 2006, and the band issued a collection of hits that charted at number one in the United Kingdom after its first week.
He claimed the band sold out five world tours.
He added that a Rock Dust Light Star album charted at number seven in 2010.
Sobrado claimed Kay and keyboardist Matt Johnson produced the band’s eighth album, Automaton, in 2017.
“Genuine and authorized products bearing and reproducing the Jamiroquai marks are widely legitimately advertised, promoted and distributed by and through Kay and his authorized partners,” he wrote.
He claimed most defendants reside or operate in foreign jurisdictions or redistribute and ship products from those locations.
Sobrado claimed some defendants engaged in fraudulent conduct with respect to registration of identifications.
He added that some defendants registered identifications for the sole purpose of engaging in illegal counterfeiting.
He claimed they increase the value of their stores and decrease the value of Kay’s legitimate marketplace.
“Defendants are likely to transfer or conceal their assets to avoid payment of any monetary judgment awarded to plaintiff,” he wrote.
Sobrado sought an injunction against the defendants with notice to website operators to disable or cease facilitating access to the defendants.
He sought an order that upon Kay’s request, operators would identify email addresses associated with defendants.
Sobrado also sought an order that operators to permanently remove any and all listings and images of goods bearing counterfeits or infringements of trademarks.
He sought an order for triple payment of all profits and damages or statutory damages of $2 million for each trademark used and product type sold.
The court clerk randomly assigned Magistrate Judge Reona Daly.
If any party declines magistrate jurisdiction the clerk will assign a district judge.