Smile More Intellectual Holdings sues American Eagle and The Smiley Company over SMILE MORE marks

What was filed

Smile More Intellectual Holdings, LLC v. American Eagle Outfitters, Inc. and The Smiley Company d/b/a The Smiley Company SPRL a/k/a SmileyWorld Limited, No. 6:26-cv-02240-PGB-CAB (M.D. Fla., Orlando Division), was filed September 25, 2026. Smile More says it is a Florida limited liability company that holds and licenses the SMILE MORE brand. It identifies American Eagle as a Delaware corporation and The Smiley Company as a company headquartered in London, United Kingdom. A docket entry assigns the case to Judge Paul G. Byron. The complaint demands a jury trial.

The marks

USPTO records show U.S. Reg. No. 4,695,492 for SMILE MORE, registered March 3, 2015, in Classes 16, 18, 25, and 35 and renewed, and U.S. Reg. No. 4,993,299 for SMILE MORE, registered July 5, 2016, in Classes 3, 21, and 25, with a Section 8 declaration accepted. Both are standard character registrations owned by the plaintiff. The complaint says each lists first use on September 1, 2013, and alleges that both are incontestable. It says the brand began in 2013 with a YouTube creator's channel and that its merchandise is sold through a single authorized distributor.

What the complaint alleges

The complaint alleges, on information and belief, that The Smiley Company partnered with American Eagle to sell clothing and other merchandise on the American Eagle website and in its stores, and that the collaboration products carry a Smile More name in which a smiley face takes the place of the letter o. It alleges that the defendants refused written demands to stop, and it alleges actual confusion, including social media comments congratulating the brand's creator on a perceived partnership with American Eagle.

The counts and relief

Counts I and II allege infringement of each registration under 15 U.S.C. § 1114. Count III alleges false designation of origin and unfair competition under § 1125(a), Count IV dilution under § 1125(c), Count V Florida common law infringement and unfair competition, Count VI a violation of the Florida Deceptive and Unfair Trade Practices Act, and Count VII unjust enrichment. The prayer asks for an injunction, destruction of infringing goods, an accounting and profits, damages, treble damages, fees, and a constructive trust. The docket shows service on American Eagle on October 19, 2026. On October 26, the court ordered the plaintiff to show cause for not filing a notice of pendency of other actions and a disclosure statement as its September 28 order directed (ECF No. 15), and the plaintiff filed a response (ECF No. 17) and a disclosure statement (ECF No. 16) the same day. The docket then shows an order on October 27 and, on October 30, an extension of time to answer or respond to the complaint (ECF No. 19), another disclosure statement (ECF No. 20), and a notice of lead counsel designation (ECF No. 21).