CHICAGO—Georgia-based RockHard Laboratories has been sued by Sears Roebuck and Co. and one of its companies, KCD IP LLC, over the use of the phrase “DieHard” in marketing efforts.
In the suit, filed in federal court inChicago, Sears contends it owns the trademark for “DieHard” and uses it for vehicle batteries, auto parts and more. The phrase was trademarked in 1992, and in 1997 several domains using the word “DieHard” were registered by Sears, the suit claims.
Sears sued RockHard over its DieHard Spray, a topical numbing spray designed to help men last longer, saying use of the phrase “DieHard” was damaging to their trademark.
Sears complained to RockHard in February 2010 after the adult manufacturer registered DieHardSpray.com and attempted to trademark “Die Hard. Live It. Love It. Own It.” The lawsuit alleges RockHard agreed to abandon the trademark application and agreed to stop using “DieHard,” but continued to do so.
RockHard’s actions have “diminished, blurred, and tarnished, and will like continue to diminish, blur, and tarnish Sears famous DieHard marks,” the suit claims, according to Chicago Breaking News.
Sears is asking for a jury trial and asking that RockHard stop using “DieHard” and pay damages.
Representatives from RockHard could not be reached for comment by the time this story was published.
