In a lawsuit filed earlier this year in U. S. District Court for the Western District of Missouri, Joplin-based Crazy Debbie's Fireworks alleges a rival company is infringing on the trademark Assassin fireworks that are sold under its Red Rhino Fireworks label.The complaint alleges Dynomite Fireworks and Dynomite Wholesale based in Seymour have an "ASSASSIN mark (that) is identical in sight, sound, meaning, and commercial impression to Red Rhino’s ASSASSIN mark, and thus Dynomite’s ASSASSIN-branded fireworks are likely to be confused with Red Rhino’s ASSASSIN-branded fireworks."
The lawsuit was filed after Dynomite sent Crazy Debbie's a letter asking the company to stop using the "Assassin'" brand, claiming its "Assassin" fireworks had been sold May 2015 and asked Crazy Debbie's to remove its Assassin products from its catalogs. Dynomite threatened a lawsuit.
Crazy Debbie's attorneys, in their response to that letter, noted it had advertised Assassin in the Red Rhino catalogs since 2012. Photos from each of those catalogs, including the one shown in this post were submitted as part of the petition.
The two- lawsuit, which was originally filed in U. S. District Court in Kansas and was transferred to U. S. District Court in the Western District of Missouri today, alleges unfair competition and false designation of origin and trademark infringement and unfair competition,
Crazy Debbie's attorneys are asking that Dynomite be prevented from using the name "Assassin" on its products "grant to Red Rhino an award of its damages, together with prejudgment interest, for the lost sales, loss of goodwill, and other damages suffered by Red Rhino as a result of the infringement by Dynomite, an award trebling said damages as a result of the willful nature of the infringement, and Dynomite’s profits, enhanced profits, and/or statutory damages."
The petition also asks that Dynomite be ordered to destroy its any materials or advertising showing the Assassin brand and asks for a jury trial.
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