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Those are a few of the services included in the $200,000 gift
bags that one marketing firm has promised for celebrities
attending the Oscars ceremony on Feb. 28.
The Academy of Motion Picture Arts and Sciences, which hands out
the awards, wants the public to know that it hasn't approved any
of those items. In a federal lawsuit filed on Tuesday in Los
Angeles, the organization accused Distinctive Assets of
promoting the gift bags as official Oscars swag.
"Distinctive Assets uses the Academy's trademarks to raise the
profile of its 'gift bags' and falsely create the impression of
association, affiliation, connection, sponsorship and/or
endorsement," said the lawsuit, which names the company's
founder, Lash Fary, as a defendant.
Neither Distinctive Assets nor a lawyer representing the company
immediately responded to a request for comment early on
Wednesday.
Gift bags have been a persistent headache over the years for the
Academy, which stopped giving gift baskets to presenters and
performers in 2007 after the practice came under closer scrutiny
by U.S. tax authorities.
Celebrities who receive gifts and free vacations at awards shows
are expected to declare them as income and pay the appropriate
taxes, according to the Internal Revenue Service.
The lawsuit said Fary was misleading media outlets by promoting
the gift bags with slogans like "Everyone Wins Nominee Gift Bags
in Honor of the Oscars(R)," adding that the use of the trademark
symbol was a deliberate attempt to imply an official connection.
The Academy cited numerous news articles that referred to the
gift bags as "official" or as "Oscar Swag Bags," arguing the
coverage shows Fary has engaged in deceptive marketing.
The lawsuit asked a federal judge to prevent Fary from using any
Academy trademark and seeks compensation for damages as well as
three times the amount of Fary's profits and the academy's legal
fees.
(Reporting by Joseph Ax; Editing by Alan Crosby)
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