Stand-up comedian on stage. Photo: Parilov/Shutterstock.com

Funny 4 Funds is not amused.

The Rhode Island-based entertainment production company, which offers comedy night fundraisers nationally and includes an exclusive list of celebrities as clients, has filed a federal lawsuit alleging Westport-based Treehouse Comedy Productions Ltd. is laughing all the way to the bank at its expense.

In its trademark infringement lawsuit filed Tuesday in U.S. District Court for the District of Connecticut, Funny 4 Funds alleges that Treehouse has been using its mark and logo to deceive customers into thinking they are watching Funny 4 Funds productions.

According to its website, Funny 4 Funds has raised more than $4.2 million for charity, and the suit suggests it wants to continue its efforts without interference.

David Rosenberg, Funny 4 Funds' Hamden-based attorney, said Treehouse held at least 40 events in Connecticut in which it tried to make it appear it was working on behalf of Funny 4 Funds.

“This is not a gray area. The defendants are using my client's logo in promoting these events. It's pretty much as egregious as you can imagine,” said Rosenberg, of Gambarella Cipriano Gottlieb & Hathaway. “There are people, restaurants or clubs that think these events were done by my client. They use the mark and advertise that this is a Funny 4 Funds event.”

Brad Axelrod, owner of Treehouse Comedy, referred all comment to his attorney, New Jersey-based solo practitioner Joey Novick. Novick, an attorney and comedian, told the Connecticut Law Tribune Tuesday he had not been served, and would need to look at the lawsuit before commenting.

The 15-page lawsuit alleges trademark infringement violations under the federal Lanham Act. It also says Treehouse is in violation of the Connecticut Unfair Trade Practices Act. The complaint cites four counts: trademark infringement, false designation of origin, unfair competition and violations of CUTPA.

Rosenberg said that over the past several years Funny 4 Funds has “been more on the production and promotion side of the comedy shows and their focus has been on fundraising events.” He declined to name the celebrities and entertainers linked to the company, saying he was not authorized to do so.

According to the lawsuit, Axelrod and his company contacted Funny 4 Funds to discuss using its services, including the plaintiff's mark, for various comedy shows that Treehouse Comedy was hosting or promoting in Connecticut.

The lawsuit maintains that Treehouse was advised it would be required to enter into a licensing agreement with the plaintiffs and adhere to certain quality standards in order to use the Funny 4 Funds mark and receive its services.

Treehouse, the lawsuit says, “promised to enter into such a licensing agreement, but failed, refused and neglected to do so.”

“Notwithstanding, the defendants began promoting their own comedy shows under the banner of the plaintiff's mark without permission and without adhering to the plaintiff's quality standards,” the complaint alleges.

The lawsuit says Treehouse then ignored a Jan. 8 cease-and-desist order. It seeks punitive damages, attorney fees, pre- and post-judgment interest, and an order barring Treehouse from using the Funny 4 Funds mark.

The case is scheduled to be heard in front of Judge Kari Dooley.