## Facts

- Les Ballets Trockadero de Monte Carlo, Inc. operated an all-male satirical ballet troupe founded in New York and performed for over twenty years in the United States and abroad.
- The troupe owned registered service marks including “Les Ballets Trockadero de Monte Carlo,” “Trocks,” and “Trockadero,” and had significant goodwill; Japan was its largest market.
- ZAK Corporation held exclusive rights to promote and schedule the troupe’s performances in Japan; its owner later formed International Promotion for Music, Inc. (IPM), a New York corporation.
- IPM retained Victor Trevino, a former dancer with the troupe, to organize a competing all-male satirical ballet company.
- Trevino recruited dancers, negotiated contracts, organized music, ordered costumes and sets, and selected repertoire, all in the United States.
- Defendants chose the name “Les Ballets Torokka de Russia” and planned a Japan tour during a period when Zak told plaintiff he could not book plaintiff’s troupe.
- Defendants promoted the competing troupe using terms alleged to be confusingly similar to plaintiff’s marks, including variants of “Trocks,” “Trock,” “Trockettes,” “Trockadero,” “Torokka,” “Torokkadero,” and “Trocadero,” in connection with “Ballet” or “Ballets.”
- Plaintiff sued under the Lanham Act and sought a preliminary injunction; defendants argued the dispute should be resolved in Japan and pointed to attempted trademark registration there.

## Issues

1. Whether the Lanham Act and the court’s authority applied to defendants’ conduct where performances were planned abroad but organization and commercial activity occurred in the United States.
2. Whether plaintiff showed entitlement to a preliminary injunction by demonstrating likelihood of success on the merits (including likelihood of confusion) and irreparable harm.
3. Whether the balance of hardships and public interest supported injunctive relief.

## Decision

- The court granted plaintiff’s motion for a preliminary injunction after making findings under Rule 52(a).
- The court held the Lanham Act applied because defendants’ activities had substantial U.S. connections and effects, involved U.S. entities/citizens, and did not present a meaningful conflict with foreign trademark law.
- The court found plaintiff likely to succeed on its infringement claims based on the strength of plaintiff’s marks, the close similarity of defendants’ names/variants, identical type of entertainment services, and evidence of bad faith.
- The court found irreparable harm from likely consumer confusion and damage to goodwill, particularly given plaintiff’s reliance on the Japanese market.
- The court enjoined defendants from using “Les Ballets Torokka de Russia” and from using “Trocks,” “Trock,” “Trockettes,” “Trockadero,” “Torokka,” “Torokkadero,” “Trocadero,” or similar variations in conjunction with “Ballet,” “Ballets,” or other words identifying a dance company or dance troupe, and from using other confusingly similar designations.

## Legal Principles

- The Lanham Act may reach conduct directed and organized from the United States when it substantially affects U.S. commerce and applying the Act does not materially conflict with foreign trademark law.
- In trademark/service-mark infringement, likelihood of confusion is assessed from factors including mark strength, similarity of marks, proximity of services, and evidence of intent to trade on another’s goodwill.
- Bad-faith adoption of a confusingly similar name for competing services supports an inference of likely confusion.
- For preliminary injunctions in trademark cases, a showing of likely confusion and infringement supports a finding of irreparable harm to goodwill and reputation.
- Injunctive relief may extend to a family of confusingly similar variants where necessary to prevent confusion as to source, sponsorship, or affiliation.

## Conclusion

The court preliminarily enjoined a promoter and a former dancer from marketing a competing all-male satirical ballet troupe under “Torokka/Trock” variants because the U.S.-organized conduct fell within the Lanham Act, plaintiff was likely to prove confusion and bad faith, and continued use threatened irreparable harm to plaintiff’s goodwill.


Les Ballets Trockadero de Monte Carlo, Inc. v. Trevino, 945 F. Supp. 563 (S.D.N.Y. 1996)