Federal judge denies Cleveland zoo motion over lantern festival

A federal judge last week denied a motion by the Cleveland zoo in its lawsuit against the Pittsburgh Zoo & PPG Aquarium over its use of the wordage for an upcoming promotional event.

The Cleveland Metropolitan Park District, known as Cleveland Metroparks, sought a temporary restraining order against the Highland Park zoo over its use of the phrase “Asian Lantern Festival,” an evening event the zoo is scheduled to begin on Aug. 14 and continue on Thursdays through Sundays through Oct. 30.

The motion was denied Thursday by U.S. District Judge James Gwin, of Ohio’s Northern District.

“This ruling is certainly encouraging and a positive step for the Pittsburgh Zoo, which is now able to continue with all marketing and advertising efforts for its upcoming Asian Lantern Festival without encumbrance,” Ray Middleman, an attorney with Eckert Seamans Cherin & Mellott LLC, which represents the Pittsburgh Zoo & PPG Aquarium, said in a release.

According to the law firm, China-based Tianyu Arts & Culture Inc. manages the content of the festivals for the Cleveland and Pittsburgh zoos and at other locations in the U.S.

The Cleveland zoo is suing the Pittsburgh Zoo, alleging trademark infringement.

In its lawsuit, Cleveland Metroparks claims the Pittsburgh Zoo’s use of the event name could mislead and confuse visitors.

Cleveland Metroparks entered an agreement with Tianyu to begin a light show trademarked as Asian Lantern Festival on April 16, 2018, the complaint says.

“Upon information and belief, prior to its agreement with Cleveland Metroparks, Tianyu had presented its light shows at other locations throughout the United States under the name ‘ China Lights,’ ” attorneys for Cleveland Metroparks wrote in the complaint.

The Cleveland location was the first to use the Asian Lantern Festival trademark in 2018, and the zoo “performed its due diligence to ensure the name was not being used elsewhere,” the complaint reads.

In 2020, staff from the Pittsburgh Zoo visited Cleveland’s light show to determine whether they would like to do one of their own, the suit says. The Pittsburgh Zoo later began a contract with Tianyu to present a light show in August 2021, which the Cleveland Metroparks Zoo became aware of on June 22.

The suit also claims the Pittsburgh Zoo is using images from Cleveland’s event to advertise its own Asian Lantern Festival.

On June 25, Cleveland Metroparks emailed the Pittsburgh Zoo to tell it that it had the trademark to the event name and requested a rebrand of the event. A response from the Pittsburgh Zoo said Cleveland Metroparks could not claim trademark for the event, the complaint says.

Pittsburgh Zoo’s attorneys argue the phrase “Asian Lantern Festival” is “wholly generic” to the point it would be “difficult to write about these traditional festivals without using the phrase ‘Asian Lantern Festival’ or a substantially similar phrase.”