A federal judge in Ohio has denied the Cleveland zoo’s request for a temporary restraining order against the Pittsburgh zoo over alleged trademark infringement related to the Pittsburgh zoo’s upcoming Asian Lantern Festival.

U.S. District Judge James Gwin denied the motion late last week, something attorneys for Pittsburgh Zoo & PPG Aquarium called good news.

“This ruling is certainly encouraging and a positive step for the Pittsburgh zoo, which is now able to continue with all marketing and advertising efforts for its upcoming Asian Lantern Festival without encumbrance,” said Ray Middleman, of the law firm Eckert Seamans Cherin & Mellott.

The zoo in Cleveland — officially the Cleveland Metropolitan Park District, and known as Cleveland Metroparks — had sought to have the Pittsburgh zoo barred from advertising the upcoming Asian Lantern Festival.

“The good news,” Middleman said, “is that residents and visitors to both Pittsburgh and Cleveland will be able to experience a world-class, culturally enriching event in each city.”

In a lawsuit filed earlier this month, officials for the Cleveland zoo alleged the Pittsburgh festival is a ripoff of the Cleveland zoo’s annual event, which has been a staple at the park since 2018.

The lawsuit alleges that staff from the Pittsburgh zoo visited the lantern festival in Cleveland in 2020 to “determine whether Pittsburgh Zoo would like to host a light show of its own.” Pittsburgh zoo officials contracted with the same company, Tianyu Arts and Culture, to present a light show in Pittsburgh.

The show is scheduled for certain days from Aug. 14 through Oct. 30, according to the Pittsburgh zoo’s website. It is billed as the Asian Lantern Festival and referred to as “a bold new adventure” for the zoo.

“At no time,” according to the lawsuit, “did Cleveland Metroparks authorize Pittsburgh zoo to use the Asian Lantern Festival mark.” It further claims that Pittsburgh began advertising its light show at the same time tickets for the Cleveland show opened ticket sales.

The lawsuit claims the Pittsburgh zoo’s advertisements are using photos from the Cleveland zoo’s lantern festival.

The lawsuit alleges Pittsburgh’s use of the name Asian Lantern Festival is “likely to cause confusion, cause mistake and deceive consumers as to the source, origin, affiliation, connection or association of the Pittsburgh zoo’s light show.”

In its own filing, Pittsburgh zoo representatives called the lawsuit an “audacious attempt to claim intellectual property rights,” noting the phrase Asian Lantern Festival has been used to describe events and traditions that have existed “for over two millennia.”

The filing points to light shows with the phrase “Asian Lantern Festival” at zoos across the country: Louisville Zoo, the Central Florida Zoo and Botanical Gardens, and the Blank Park Zoo in Iowa. They also noted the St. Pete Asian Lantern Festival in St. Petersburg predated the Cleveland zoo event by a year.

Attorneys for the Pittsburgh zoo also claim the Cleveland zoo filed its federal trademark application — for “Asian Lantern Festival Cleveland Metroparks Zoo” — three days before filing the lawsuit on July 2. Cleveland attorneys note in the lawsuit they became aware of Pittsburgh’s event June 22.

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