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Christmas House USA Inc. v. ChristmasLand Experience LLC

Actual Confusion, Irreparable Harm Not Shown in Lanham Act Infringement Action

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MEMORANDUM AND ORDER Christmas House USA Inc. (“Plaintiff”) brings the instant action against ChristmasLand Experience LLC (“CHRISTMASLAND”), Michael Marra, Jolt Marketing, Brandon Havrilla, and Redmax Events, LLC (collectively “Defendants”), alleging trademark infringement and unfair competition under the Lanham Act. BACKGROUND Plaintiff initiated this action on November 13, 2023, alleging that Defendants operate a “confusingly similar” Christmas-themed immersive experience. (Am. Compl.

27-28, ECF No. 10.) Every year since 2020, Plaintiff has used the “CHRISTMAS HOUSE” trademark to provide a “fully immersive Christmas-themed experience” during the holiday season. (Id. 12.) Last Christmas season, Plaintiff operated multiple experiences across New York, New Jersey, and Pennsylvania. (Id. 15.) The experiences offer a walkthrough with several different rooms themed around Christmas sights, sounds, and smells. (Id. 18.) Plaintiff’s application to register the “CHRISTMAS HOUSE” trademark is currently pending before the U.S. Patent and Trademark Office (“USPTO”). (Id. 13.) Meanwhile, Defendants operate an “identical Christmas-themed immersive experience” using the trademark “CHRISTMASLAND.” (See id.

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