The last we heard of Filmchella, a court had ruled in favor of Coachella organizers claiming that the film festival could cause “consumer confusion.” The event went on as planned on September 29, before an injunction was issued on October 10. Because of this, U.S. District Judge Gary Klausner said that “any irreparable injury to Simms would be relatively small since Filmchella had happened and the balance of the equities weighed ‘sharply’ in Coachella’s favor,” according to Law360.
Still, Coachella organizers are unhappy with Filmchella for allegedly ignoring the injunction and continuing to use the name “Filmchilla.” Filmchella organizer Robert Trevor Simms claimed confusion from the initial ruling, and asked the judge to clarify the decision. However, Coachella organizers apparently “blasted” that claim earlier this week, saying “Simms’ belief that the injunction is flawed doesn’t excuse compliance.”
“Despite the court’s order and despite plaintiffs’ repeated requests that defendant cease his violations of the injunction, he has not done so,” Coachella’s organizers said.
“Court orders are judicial decrees that must be obeyed immediately, not when a party feels it would be convenient to do so,” the organizers continued. “Moreover, the aspects of the injunction that defendant maintains are unclear fall within the scope of the injunction under well-settled case law.”
In a power move, it seems that Coachella organizers have requested the court to “order Simms to pay a fine of $1,000 per day during the time in which he hasn’t complied with the injunction, as well as reimburse them for their costs and fees associated with the motion.”
Simms’ defense says it’s “nothing more than harassment.”
“Unfortunately, nowhere in the injunction order did the court spell out what Mr. Simms could and could not do, which has left us scratching our heads a bit,” he said.
Representatives for Coachella’s organizers didn’t immediately return Law360’s requests for comment.