Amazon Sued for Using Drunk Shakespeare Trademarks in ‘Off Campus’ Without Permission

Amazon is being sued by the company that produces the Drunk Shakespeare shows for including trademarks in one of its most popular shows of the year without permission. Brass Jar filed a suit against the company after the hit YA series “Off Campus” featured an episode in which the characters participated in a college Drunk Shakespeare show. According to the suit, the show’s fourth episode contained “an extended sequence set at a fictional college ‘Drunk Shakespeare’ production, together with multiple lines of dialogue referencing ‘Drunk Shakespeare,’ without Plaintiff’s authorization or consent.” There was no amount specified that Brass Jar was seeking in the lawsuit, but it further read that it was “entitled to recover attorneys’ fees, treble damages, and/or statutory damages of up to $2 million per counterfeit mark per type of services sold, and pursuant to each type of good sold.” Brass Jar’s lawyers reached out to Amazon about the trademark issue June 3 — just weeks after “Off Campus” debuted in full on Prime Video — asking about the unauthorized use of the trademark. Amazon’s counsel responded “in a letter that included an extensive discussion of why Defendants’ program did not infringe on Plaintiff’s copyright, despite Plaintiff making no allegation in the June 3 Letter that Off Campus was infringing on Plaintiff’s copyright.” Brass Jar filed its lawsuit Thursday. “Drunk Shakespeare is a professionally produced, high-end live entertainment brand built over years by talented actors, stage managers, producers, technicians and staff, and we have a responsibility to protect the brand they have worked so hard to create,” Brass Jar CEO David Hudson told TheWrap in a statement. “As stated in the lawsuit, our concern is consumer confusion: the use of the Drunk Shakespeare name may lead audiences to believe there is an affiliation, endorsement or business relationship where none exists, while also creating expectations about our brand based on content that is not ours.” He added: “We’re known for being clever, outrageous and unpredictable on stage, but behind every performance is a team of sophisticated professionals whose reputation is tied to the Drunk Shakespeare name. We at Brass Jar, Inc. support creativity and welcome opportunities for collaboration, but importantly, we also believe creative work, intellectual property and independent brands deserve the same respect and protection afforded to the largest companies in the entertainment industry.” Brass Jar puts on their Drunk Shakespeare shows – where one or many actors performing a variety of classics are inebriated – across the country, including Los Angeles, New York, Chicago, Washington D.C., Phoenix, and Houston. Their shows include “Drunk Romeo & Juliet,” “Drunk Dracula,” “Drunk Pirates” and “Drunk Christmas Carol.” Amazon did not immediately respond to a request to comment.