The Crash Pad advertises that it’s “an uncommon hostel,” but a lawsuit filed in civil court last month alleges that its trademarks have become a little too prevalent.
Crash Pad Hospitality, LLC, also operates the adjacent Flying Squirrel restaurant and bar on the city’s Southside, and is suing owners of a Chattanooga-based real estate website known as CrashPadzz for federal copyright infringement.
According to documents filed in Hamilton County Circuit Court, CrashPadzz owner Marcus Lyons “wilfully” misused a name the hostel has trademarked.
“The public has come to identify Crash Pad as a distinctive source of hotel services in connection with its marks,” the complaint reads.
Much of the complaint focuses not just on the name, but on the trademarked symbols each company uses in connection with its product. The Crash Pad is represented by a circular symbol with its name and a mountain range in the background. CrashPadzz uses its name, with z’s raised above the “d” to denote a place for sleep.
The complaint document goes on to say that CrashPadzz’s use of the name will cause damage to the hostel because it will “cause confusion” among consumers. CrashPadzz registered its trademark on July 23, 2014, and the lawsuit says its continued existence amounts to damaging The Crash Pad’s reputation.
It’s not clear exactly what CrashPadzz will offer consumers. Its website advertises that it’s “coming soon” and says only “rent, host or crash properties.” The company’s Facebook page was taken down some time Wednesday afternoon.
The complaint states that The Crash Pad owners don’t think CrashPadzz has actually started business, but has used the “offending marks” in marketing through the website and Facebook page. It alleges substantial injury, asks the court to order CrashPadzz to stop using its trademarks and seeks monetary relief.
Lyons referred questions to his attorney, who said he couldn’t comment on pending litigation. Attorneys for The Crash Pad said the same.
Contact staff writer Claire Wiseman at cwiseman@timesfreepress.com or 423-757-6347. Follow her on Twitter@clairelwiseman.