Overview:
Even after a Brooklyn court ordered Haitian musician Dener Ceide to pay $1 million in damages to Zafem World Entertainment for trademark infringement, he continues performing under the “Zafem” name. Legal experts say the move could expose him to new sanctions.
NEW YORK — Dener Ceide, the prominent Haitian musician and band owner, must pay $1 million in damages to the Zafem World Entertainment Group, a Brooklyn federal court has ruled. The order comes after Wiss Joseph and Mary Joseph, the two owners of Zafem World Entertainment, filed a trademark infringement case against Ceide.
Zafem World Entertainment registered its name in 2021, after nearly a decade of use. The company is known in the Haitian-American music industry for promoting and organizing Haitian concerts and entertainment events across the United States.
In May 2023, Ceide attempted to trademark “Zafem” for his own music group, but the U.S. Patent and Trademark Office rejected the request, ruling that using the name would infringe on the plaintiffs’ trademark rights.
Since Zafem is a known phrase in Kreyol, translating to “my business” or “mine,” there is a question of whether or not it’s a term that can be protected under trademark. Justin M. Jacobson is a New York-based entertainment attorney who specializes in copyright and trademark. He noted that it’s all in how the word is used. He further explained that since Zafem and Ceide offered such similar services, there was reason for confusion.
“You could be Zafem for stickers and hats, if no one else is using it,” Jacobson said.
“When you look at their two applications, the artist is going for the exact same things: music production, live concerts and production of music. They’re definitely going to be considered confusingly similar.”
Yet Ceide persisted in his use of the name, launching a website, “Zafemmusic.com,” and releasing an album titled “Zafem,” while repeatedly ignoring several cease-and-desist letters sent by Zafem World Entertainment. In addition, Ceide had been attempting to launch a band called Zafem. The group’s debut single, “Dlo Dous,” was released in May 2023 and has since gained over 2 million streams on Spotify.
“On the one hand, for brand owners, it’s a reminder of the importance of protecting one of their most valuable assets through federal trademark registration,” said Alain P. Mathieu, attorney and co-chair of the Sports & Entertainment practice group at Prince Lobel Tye LLP. “On the other hand, it’s a clear warning about the severe consequences of willfully using someone else’s protected brand name without permission.”
Because of Ceide’s actions, Zafem World Entertainment filed suit in the U.S. District Court for the Eastern District of New York in Sept. 2024, citing counterfeiting and infringement under 15 U.S.C. § 1114, false designation of origin under 15 U.S.C. § 1125, and common law unfair competition. Ceide and his legal team failed to respond in time, prompting the Sept. 17 decision by the court in 2025.
The judge presiding over this decision, Judge Brian M. Cogan, supported the plaintiffs’ claims of infringement, writing that the defendant’s actions were an “overwhelming evidence of willfulness.”
Entertainment attorney Cassandra Spangler explained large statutory damages awards help show the value of intellectual property in the music industry.
“A large award of statutory damages can help show the value of an intellectual property, especially within the music industry, which relies on the protection of intellectual property, and help to deter improper use of intellectual property belonging to another,” she said.
Under Section 35 of the Lanham Act, the maximum statutory damages for willful infringement are up to $2 million per infringed mark. Non-willful infringement can carry penalties up to $200,000.
However, the court only awarded Zafem World Entertainment $1 million, since the plaintiffs were unable to provide sufficient evidence of their financial losses. In his ruling, Judge Cogan reasoned that since Ceide, the defendant, did not respond to Zafem World Entertainment’s original suit, the plaintiffs could not demonstrate the negative impact on their profits.
The court also issued a permanent injunction that prohibits Ceide, his company and other associates from using the name Zafem, or anything similar to it, to market any of their music.
On their Facebook page, Zafem World Entertainment publicly reacted to the court’s decision, writing that “justice has spoken.” The post, published on Oct. 26, went on to warn others of using their name going forward, saying that “anyone knowingly still promoting, marketing, managing, sponsoring & endorsing…you are now on notice.”
“This is bigger than music entertainment,” the post concluded. “This is about truth, respect, and legal integrity.” Representatives for Zafem World Entertainment did not respond to requests for comment.
Ceide declined to comment publicly on the court’s decision or offer any indication that he will appeal. However, his band still has performances lined up. One is for a concert in Guadeloupe on Nov. 8. They’re also set to perform on Nov. 28 in New York. Organizers for the Nov. 28 concert notified The Haitian Times that they have not been notified of “any changes” from the band as of yet.
Alain P. Mathieu, an attorney and Co-Chair of Prince Lobel’s sports & entertainment group, noted that if Ceide proceeds with using the name Zafem for these performances, he could face legal consequences.
“Because the court issued an injunction,” he said. “They would be in direct violation of a court order, and could be subject to additional sanctions. They are subject to a new fine each and every time they violate the order.”
For many Haitian artists building careers across borders, the case is a cautionary tale about the need for legal protection of their intellectual property.
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