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The San Francisco Gold Club was voted the SF Weekly’s “Best Gentlemen’s Club” in 2011, 2012, and 2013.On August 8, 2013, defendant Platinum SJ Enterprise (“Platinum”) opened the San Jose “Gold Club.” Platinum had obtained the right to use THE GOLD CLUB mark pursuant to a June 14, 2013 license agreement it entered into with defendant PML Clubs, Inc. PML licensed “THE GOLD CLUB” name to various gentlemen’s clubs.In 2006, GCSF’s application to register the mark GOLD CLUB was rejected by the USPTO due to a “likelihood of confusion” with PML’s previously registered mark.Rather, the gravamen of the dispute centered on ownership rights and the scope of protection.
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Serious questions of material fact precluded deciding which party had priority in the GOLD CLUB mark and the geographic area of any prior common law rights. In 2004, the plaintiff, Gold Club-SF, LLC, purchased the San Francisco “Gold Club” (“GCSF”) from Solid Gold, Inc.
(“Solid Gold”), which had operated the club on Howard Street in San Francisco since the mid-1990s.
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[Back To Home][Back To Archives]From Intellectual Property Law Daily, September 20, 2013 By Cheryl Beise, J. The operators of a San Francisco gentlemen’s club and restaurant operating under the name GOLD CLUB were not entitled to preliminary order preventing a San Jose gentlemen’s club from operating under the name THE GOLD CLUB pursuant to a license from a third-party, according to the federal district court in San Francisco (, September 18, 2013, Orrick, W.).