After a decade of online piracy, Hawaii Star advertiser and TV and movie producer David Kaul is getting some of his money back.
The ad agency and the company behind the upcoming HBO film are suing the film distributor and several of its affiliates, including The Honolulu Star, for trademark infringement and trademark violations.
The lawsuit seeks a declaration that the movie is not “an advertisement for or for a product or service,” and that it “is not a false advertisement or misleading.”
The lawsuit was filed Thursday in the U.S. District Court for the Northern District of Hawaii.
Hawaii Star is the country’s largest ad agency.
It owns and operates Hawaii Star Group, a marketing company that includes Hawaiian Star Group and Hawaii Star Television.
The company is represented by attorney Mark Schindler, of San Francisco, who said in a statement the lawsuit seeks to “ensure that a movie that promotes the company’s own products does not infringe on the intellectual property of other companies or individuals.”
HawaiiStar says it is an advertising company, not a company that sells any goods or services, and the lawsuit claims that the lawsuit is a “distortionary, malicious, and unlawful” attack on the company.
Hawaiian Star has filed a counterclaim for trademark and copyright infringement in the United States District Court.
The counterclaim seeks damages for “a reasonable, nondiscriminatory, and equitable level of recovery for the alleged infringements, and for a reasonable and nondiscript amount for actual and compensatory damages.”