Chrysler sues retailer for using 'Imported From Detroit' slogan

Chrysler Group LLC wants a federal judge to halt sales of its "Imported From Detroit" T-shirts or other merchandise in a trademark infringement lawsuit filed against Detroit retailer Pure Detroit and its co-owners in U.S. District Court.

This week the automaker filed suit against Moda Group LLC, which operates Pure Detroit's three stores selling Detroit-branded merchandise. Also named in the suit were Moda Group co-owners Kevin Borsay and Shawn Santo.

The filing follows weeks of discussions seeking to resolve the matter out of court, according to the complaint.

"Chrysler has repeatedly attempted to resolve this matter without involving the court. It has repeatedly asked (Pure Detroit) to stop and has sought to have a portion of defendants' ill-gotten gains contributed to charity," the lawsuit states.

"Defendants, however, have refused to stop, have persisted in their intentional infringement and have left Chrysler no choice but to bring this lawsuit to prevent (the retailer) from deceiving and confusing the public and harming Chrysler's good will."

The automaker seeks an injunction and unspecified triple and punitive damages above $75,000 for trademark infringement, deceptive trade practices, unjust enrichment and unfair competition for Pure Detroit's use of the phrase "Imported From Detroit."

Chrysler sought to trademark the phrase last November in advance of a multimillion-dollar advertising campaign launched during Super Bowl XLV on Feb. 6.

Santo and Borsay could not be reached for comment this week. Ryan Hooper, director of cultural arts and management for Pure Detroit, said the company and its owners had no immediate comment in response to the suit.

At issue is a set of T-shirts for men and women printed within days after the initial Super Bowl advertisement, featuring the "Imported From Detroit" phrase and sold online by Pure Detroit.

The automaker says it notified the retailer of its pending trademark application Feb. 14 but alleges that Pure Detroit claimed Chrysler could not secure the rights to that phrase. Chrysler sent a request to cease and desist from use of the phrase Feb. 18 and alleges that Pure Detroit responded by changing its content on the Web site to hide the evidence of their "clear recognition of Chrysler's rights."

The retailer continued to sell the merchandise online as late as March 1, according to the lawsuit. But Pure Detroit's Web site contains no pages or links referencing the merchandise as of this week.

By Chad Halcom- Crain