Playdate, an Oregon business that provides entertainment, food and beverage services for children. Playdate registered the marks PLAYDATE PDX in 2013, PLAYDATE in 2014, and PLAYDATE SEA in 2014. Playdate has licensed the marks to entities in multiple states, although not yet in Massachusetts. Playdate asserts that Seekonk’s In Grace operates as “Play Date,” and that In Grace advertises its children’s entertainment and café services via a website at http://www.playdatene.com. Playdate says that In Grace adopted its d/b/a name after Playdate had acquired protectible rights in the PLAYDATE marks. Playdate asserts that In Grace had agreed to stop using the mark in response to a 2018 cease and desist letter, but nevertheless has continued using the infringing mark. Playdate asserts federal and common law trademark infringement, false designation of origin, and unfair and deceptive trade practices under c. 93A.
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