Secret Boston organizes and promotes events and provides information on shopping, restaurants, entertainment, sporting events and the like about the Greater Boston area through its website, www.secrestboston.net. It has used the mark in commerce since 2010, and says that its “SECRET BOSTON” mark is either inherently distinctive or has acquired secondary meaning through this use. Secret Boston asserts that Fever Labs engages in similar business activities utilizing “SECRET [CITY]” as marks for various cities. Secret Boston says that Fever Labs began using these marks in or around 2016, well after Secret Boston’s adoption of its mark. It further asserts that Fever Labs began using “SECRET BOSTON” and “SECRET MEDIA BOSTON” on or around June 2020, including via a website at www.secretboston.com.
Secret Boston indicates that actual confusion has occurred, citing complaints it received from customers concerning competing exhibits set by the two organizations when Fever Labs cancelled their event and refused to refund the ticket price. Secret Boston brings claims of trademark infringement, unfair competition, false designation of origin, cybersquatting, and violation of c. 93A.
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