The parties
The case is ITV Studios Ltd. and ITV America Inc. v. NELK USA, Inc., Nelk, Inc., Full Send Corporation, Shots Studios, Inc., Happy Dad LLC, and Kyle Forgeard, No. 8:26-cv-03219 (C.D. Cal.), filed October 30, 2026, ECF No. 1 (36 pages), with a jury demand. The complaint says ITV Studios Ltd. is a United Kingdom private limited company with its registered office in London, England, and that it owns the LOVE ISLAND trademarks identified in the complaint. It says ITV America Inc. is a Delaware corporation with its principal place of business in North Hollywood, California, and that ITV America produces Love Island USA and, with an affiliate, licenses that series to a streaming service.
The complaint alleges that NELK USA, Inc. is a Delaware corporation that does business in California and Florida and is a wholly owned subsidiary of Nelk, Inc., a Canadian corporation with its principal place of business in Calgary, Alberta. It alleges that Full Send Corporation is a Delaware corporation with its principal place of business in Irvine, California; that Shots Studios, Inc., which does business as Shots Podcast Network and Shots, is a Delaware corporation with its principal place of business in Los Angeles, California; and that Happy Dad LLC is a Delaware limited liability company with its principal place of business in Mission Viejo, California. It alleges that Kyle Forgeard resides in Florida and conducts business from Full Send's office in Irvine, California. Jurisdiction is pleaded under 28 U.S.C. §§ 1331 and 1338 and 15 U.S.C. § 1121, with supplemental jurisdiction under 28 U.S.C. § 1367(a). Venue is pleaded under 28 U.S.C. §§ 1391(b)(2), 1391(c)(2), 1391(c)(3), and 1391(d).
The LOVE ISLAND marks
The complaint alleges that ITV Studios owns the registrations and applications below, and common-law rights in the LOVE ISLAND marks. USPTO TSDR lists ITV Studios Limited, a United Kingdom private limited company, as the owner of each record. Each registration below is live on the Principal Register.
- U.S. Reg. No. 6,166,959, LOVE ISLAND, standard characters, registered October 6, 2020, Classes 3, 9, 16, 18, 21, 24, 25, 28, 38, and 41, including sound and video recordings featuring a dating and reality entertainment program and entertainment services for television programs about reality television and dating. A combined Section 8 and 15 declaration was received September 23, 2026.
- U.S. Reg. No. 6,505,302, LOVE ISLAND, standard characters, registered October 5, 2021, Class 35, including organization of events, exhibitions, trade fairs and fashion shows for commercial, promotional and advertising purposes, and online retail store services.
- U.S. Reg. No. 7,973,312, LOVE ISLAND, standard characters, registered October 7, 2025, Classes 29, 30, 32, 33, 43, and 45, including meat products, alcoholic beverages except beers, and online social networking and dating services.
- U.S. Reg. No. 8,340,563, I'VE GOT A TEXT, standard characters, registered July 14, 2026, Classes 3, 9, 18, 21, 24, 25, 28, 41, and 42, including entertainment services for a reality dating and game show.
- U.S. Reg. No. 5,816,835, LOVE ISLAND and design, registered July 30, 2019. A partial Sections 8 and 15 declaration was accepted and acknowledged March 4, 2026. Class 41 remains active, for entertainment services in the form of television programs about reality television and dating. Classes 3, 9, 16, 18, 21, 24, 25, 28, and 38 are cancelled under Section 8.
- U.S. Reg. No. 8,218,161, LOVE ISLAND USA and design, with a disclaimer of USA, registered April 21, 2026, Classes 3, 9, 16, 18, 21, 24, 25, 28, 35, 38, 41, and 42, including entertainment services for a reality dating and game show and online retail store services.
- U.S. Reg. No. 7,583,853, LOVE ISLAND GAMES and design, with a disclaimer of GAMES, registered December 3, 2024, Classes 9, 21, 25, 28, 35, 38, 41, and 42, including entertainment services for a reality dating and game show.
TSDR also lists four live applications in ITV Studios Limited's name. Serial No. 99/610,083, HOT NEW BOMBSHELL, standard characters, filed January 22, 2026, is in Classes 3, 9, 10, 18, 21, 24, 25, 28, 35, and 41. An Office action suspending further action was sent August 10, 2026. Serial No. 99/610,078, A NEW BOMBSHELL ENTERS THE VILLA, standard characters, filed January 22, 2026, is in Classes 25, 35, and 41, and a notice of allowance issued November 3, 2026. Serial No. 99/823,297, PULL YOU FOR A CHAT, standard characters, filed May 14, 2026, is in Classes 3, 9, 10, 21, 24, 25, 28, 35, and 41, and was published for opposition September 22, 2026. Serial No. 99/610,060, LOVE ISLAND in stylized form, filed January 22, 2026, is in Classes 3, 9, 10, 14, 16, 18, 21, 24, 25, 28, 29, 30, 32, 33, 35, 38, and 41, and a notice of allowance issued November 3, 2026. The complaint alleges that the catchphrases Hot new bombshell, A new bombshell enters the villa, I've got a text, and Pull you for a chat are closely associated with Love Island.
The accused program
The complaint alleges that Love Island premiered in the United Kingdom in 2015 and as Love Island USA in the United States in 2019, and that Season 8 premiered on June 2, 2026. It alleges that in February 2026 the defendants posted a casting call for Nelk Love Island that described the show as following the Love Island format, teased clips on or about February 25, 2026, and on April 20, 2026 announced a release schedule. It alleges that they released episode 1 on April 28, 2026, on a YouTube channel with more than 8.4 million subscribers, and that the episode had more than 5 million views by May 10, 2026. It alleges that the program used the Love Island name and catchphrases, a villa set with a poolside deck, a communal bedroom, a firepit, a glam room, and a confessional booth, and that it cast a former Love Island USA contestant. It alleges that viewers expressed confusion about whether the program was connected to Love Island, including a comment that the viewer clicked thinking it would be a new Love Island, and that some viewers misattributed the program's content to the producers of Love Island.
The complaint alleges that the defendants used the program to advertise their own goods, including Happy Dad hard seltzer and Full Send merchandise, and products of advertising partners. It alleges that ITV sent DMCA notices after the April 28, 2026 release and a cease-and-desist letter to Kyle Forgeard and Full Send on May 1, 2026. It alleges cosmetic changes on May 6, 2026, removal of the program from YouTube on May 11, 2026, an announcement on May 21, 2026, and a May 25, 2026 release of a recut under the name Nelk Presents: No Love in Miami, which it says combines a shortened version of the April 28 episode with new footage. It alleges that later episodes drew more than 2.3 million and more than 3 million views and that the defendants have announced a second season of the recut. It alleges, on information and belief, that NELK USA controls the YouTube account that published the program and was responsible for production, and that Nelk, Inc. was directly involved in or controlled production. It alleges that Kyle Forgeard is the CEO, CFO, and Secretary of NELK USA and hosted the program. It alleges, on information and belief, that Full Send, Happy Dad, and Shots Studios induced the infringement, and it alleges that they provided promotional support.
The claims and the relief requested
Count I alleges trademark infringement under section 32 of the Lanham Act, 15 U.S.C. § 1114(1), by ITV Studios against all defendants. Count II alleges federal unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), by both plaintiffs against all defendants. Count III alleges federal dilution under section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), by ITV Studios against all defendants, and alleges that the LOVE ISLAND mark is famous in the United States. Count IV alleges dilution under Cal. Bus. & Prof. Code § 14247, by ITV Studios against all defendants, and alleges that the LOVE ISLAND mark is famous in California. Each count alleges that Full Send, Happy Dad, and Shots Studios intentionally induced NELK USA, Nelk, Inc., and Kyle Forgeard, that those three companies provided promotional support services, and that each defendant is vicariously liable for the others.
The prayer asks for (a) a permanent injunction against infringing or diluting ITV Studios' trademarks or activity that falsely associates the defendants with ITV; (b) the defendants' direct and indirect profits attributable to the infringement, the plaintiffs' actual damages, including a reasonable royalty or license fee, enhanced damages, treble damages, corrective advertising damages, costs, expenses, and prejudgment and post-judgment interest; (c) under 15 U.S.C. § 1118, delivery up and destruction of labels, signs, prints, packages, wrappers, receptacles, and advertisements in the defendants' possession bearing the registered marks, and all plates, molds, matrices, and other means of making them; (d) under Cal. Bus. & Prof. Code §§ 14247 and 14250, on the allegation that the defendants willfully intended to cause dilution of the LOVE ISLAND mark, up to three times the defendants' profits and up to three times all damages, with prejudgment and post-judgment interest; (e) reasonable attorneys' fees; and (f) further relief the court deems just and proper. The complaint demands a jury trial.
Docket
The docket, through entry 6, all entered October 30, 2026, lists the complaint, a civil cover sheet, a request for a summons, a report on the filing of a trademark action, a corporate disclosure statement identifying a corporate parent, and a pro hac vice application.