Carnival sued the one-ship SeaEscape this summer after it used the slogan "SeaEscape to a ship full of fun" in newspaper and radio ads. It charged that the slogan infringes on Carnival's trademarked "fun ship" slogan.
SeaEscape in July responded with a radio spot that bleeped the word "fun" several times. The spot was created by Smith Agency, Fort Lauderdale, Fla., formerly known as G&L Group.
Now, after a U.S. District Court judge in Miami ruled in favor of SeaEscape, it's making light of Carnival again.
A current radio spot replaces the word "fun" with the sounds of horses, cows and sheep, ending with a sheep's "baah."
"A lot of people got a real kick out of our 'bleeper' campaign," said Bruce Yasukochi, exec VP of SeaEscape. "When our creative people at the Smith Agency got done with the 'Sheep' concept, I said, 'Guys, this is just too good to keep to our ourselves.' "
Carnival officials aren't amused.
"Carnival spent years and years building up our trademarks. Our legal team will continue to keep an eye on SeaEscape and their activities," said a spokeswoman, who added that Carnival is "disappointed" in the judge's ruling and is considering further legal options.
Although U.S. District Court Judge Fred Moreno noted that Carnival is obligated to protect its trademark, and that SeaEscape "did intend to benefit from Carnival's 'fun ship' mark to some extent," Carnival could not prove that