Overview:
Even after a Brooklyn courtroom ordered Haitian musician Dener Ceide to pay $1 million in damages to Zafem World Leisure for trademark infringement, he continues performing underneath the “Zafem” identify. Authorized consultants say the transfer might expose him to new sanctions.
NEW YORK — Dener Ceide, the outstanding Haitian musician and band proprietor, should pay $1 million in damages to the Zafem World Leisure Group, a Brooklyn federal courtroom has dominated. The order comes after Wiss Joseph and Mary Joseph, the 2 homeowners of Zafem World Leisure, filed a trademark infringement case towards Ceide.
Zafem World Leisure registered its identify in 2021, after practically a decade of use. The corporate is understood within the Haitian-American music business for selling and organizing Haitian concert events and leisure occasions throughout the USA.
In Could 2023, Ceide tried to trademark “Zafem” for his personal music group, however the U.S. Patent and Trademark Workplace rejected the request, ruling that utilizing the identify would infringe on the plaintiffs’ trademark rights.
Since Zafem is a recognized phrase in Kreyol, translating to “my enterprise” or “mine,” there’s a query of whether or not or not it’s a time period that may be protected underneath trademark. Justin M. Jacobson is a New York-based leisure lawyer who focuses on copyright and trademark. He famous that it’s all in how the phrase is used. He additional defined that since Zafem and Ceide supplied such related providers, there was purpose for confusion.
“You would be Zafem for stickers and hats, if nobody else is utilizing it,” Jacobson mentioned.
“Whenever you take a look at their two purposes, the artist goes for the very same issues: music manufacturing, stay concert events and manufacturing of music. They’re positively going to be thought-about confusingly related.”
But Ceide endured in his use of the identify, launching a web site, “Zafemmusic.com,” and releasing an album titled “Zafem,” whereas repeatedly ignoring a number of cease-and-desist letters despatched by Zafem World Leisure. As well as, Ceide had been making an attempt to launch a band referred to as Zafem. The group’s debut single, “Dlo Dous,” was launched in Could 2023 and has since gained over 2 million streams on Spotify.
“On the one hand, for model homeowners, it’s a reminder of the significance of defending one among their most beneficial belongings by means of federal trademark registration,” mentioned Alain P. Mathieu, lawyer and co-chair of the Sports activities & Leisure observe group at Prince Lobel Tye LLP. “Alternatively, it’s a transparent warning concerning the extreme penalties of willfully utilizing another person’s protected model identify with out permission.”
Due to Ceide’s actions, Zafem World Leisure filed go well with within the U.S. District Court docket for the Japanese District of New York in Sept. 2024, citing counterfeiting and infringement underneath 15 U.S.C. § 1114, false designation of origin underneath 15 U.S.C. § 1125, and customary regulation unfair competitors. Ceide and his authorized group failed to reply in time, prompting the Sept. 17 choice by the courtroom in 2025.
The decide presiding over this choice, Choose Brian M. Cogan, supported the plaintiffs’ claims of infringement, writing that the defendant’s actions have been an “overwhelming proof of willfulness.”
Leisure lawyer Cassandra Spangler defined massive statutory damages awards assist present the worth of mental property within the music business.
“A big award of statutory damages may help present the worth of an mental property, particularly inside the music business, which depends on the safety of mental property, and assist to discourage improper use of mental property belonging to a different,” she mentioned.
Beneath Part 35 of the Lanham Act, the utmost statutory damages for willful infringement are as much as $2 million per infringed mark. Non-willful infringement can carry penalties as much as $200,000.
Nevertheless, the courtroom solely awarded Zafem World Leisure $1 million, because the plaintiffs have been unable to supply ample proof of their monetary losses. In his ruling, Choose Cogan reasoned that since Ceide, the defendant, didn’t reply to Zafem World Leisure’s unique go well with, the plaintiffs couldn’t show the destructive impression on their earnings.
The courtroom additionally issued a everlasting injunction that prohibits Ceide, his firm and different associates from utilizing the identify Zafem, or something much like it, to market any of their music.
On their Fb web page, Zafem World Leisure publicly reacted to the courtroom’s choice, writing that “justice has spoken.” The put up, revealed on Oct. 26, went on to warn others of utilizing their identify going ahead, saying that “anybody knowingly nonetheless selling, advertising, managing, sponsoring & endorsing…you are actually on discover.”
“That is greater than music leisure,” the put up concluded. “That is about reality, respect, and authorized integrity.” Representatives for Zafem World Leisure didn’t reply to requests for remark.
Ceide declined to remark publicly on the courtroom’s choice or supply any indication that he’ll attraction. Nevertheless, his band nonetheless has performances lined up. One is for a concert in Guadeloupe on Nov. 8. They’re additionally set to carry out on Nov. 28 in New York. Organizers for the Nov. 28 live performance notified The Haitian Instances that they haven’t been notified of “any modifications” from the band as of but.
Alain P. Mathieu, an lawyer and Co-Chair of Prince Lobel’s sports activities & leisure group, famous that if Ceide proceeds with utilizing the identify Zafem for these performances, he might face authorized penalties.
“As a result of the courtroom issued an injunction,” he mentioned. “They might be in direct violation of a courtroom order, and may very well be topic to further sanctions. They’re topic to a brand new effective each time they violate the order.”
For a lot of Haitian artists constructing careers throughout borders, the case is a cautionary story concerning the want for authorized safety of their mental property.