NEW YORK, Sep. 24 – While settlement talks continue, Internet t-shirt company, TShirtHell.com, has moved forward with their $15 million dollar trademark infringement lawsuit against the Osbourne family by serving the defendants in the case with summons and complaints on Tuesday. This follows the filing of their lawsuit over the summer. Defendants served, who have 30 days to respond, include Sharon and Ozzy Osbourne, Sony Music, Epic Records, Hot Topic and Signatures Network. A pre-trial conference is set for October 28th.
According to TShirtHell.com's owner and president, Aaron Landau Schwarz, his original t-shirt which reads "F*** My Family, I'm Moving in with the Osbournes!" began selling online back in March. Soon after, Ozzy Osbourne's record label, Epic Records, purchased $500 worth of the shirts from TShirtHell.com's website for promotional purposes.
The suit then claims that almost two months following the sale to Epic Records, the Osbournes started selling shirts and posters with nearly the exact same slogan as the original TShirtHell.com shirt. The Osbournes released two versions of their merchandise in popular retail and online stores worldwide, a censored version, which reads: "*$@# My Family. I'm Moving in with the…Osbourne Family" and an uncensored version with the same slogan.
TShirtHell.com's lawyer, Corey Boddie, seeks to have all profits from the offending shirt turned over to his client and seeks $15 million dollars in damages.
Launched in October 2001, by owner Aaron Landau Schwarz, TShirt Hell.com has become the most visited t-shirt site on the Internet in less than a year. The site averages over 50,000 unique visitors and over 400,000 page views daily (over 1.5 million monthly unique visitors and 12 million monthly page views).
TShirtHell.com is based in New York City, with a manufacturing facility located in Phoenix, Arizona.