SOMERVILLE – Richard "Cheech" Marin and his company, Koo Koo Banana, have filed a lawsuit in a California federal court against Cheech's Own, a Main Street coffeehouse, over trademark infringement.

Marin, half of the legendary comedy team, Cheech and Chong, filed the suit on Wednesday, alleging that Cheech's Own's use of his name is a "knowing, malicious, oppressive, fraudulent act, calculated to harm (Marin's) brand and existing trademark" and a "naked attempt to profit off Cheech's name."

Koo Koo Banana is the registered owner of the federally registered trademark, "Cheech."

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The principal of Cheech's Own, Steven Chiocchi, said in a statement that he denies the allegations.

"I created my coffee brand based on my own personal nickname. I have used the Cheech's Own brand for years without incident," Chiocchi said. "I have never associated myself or my business with Mr. Marin, nor have any desire to. We are local, home-grown coffee company, and it is offensive that Mr. Marin and his management company are trying to shut down our beloved business that has no impact on his distinct business endeavors. We will take appropriate measures to defend our brand and reputation."

In his lawsuit, Marin includes the United States Patent and Trademark Office's letter rejecting Cheech's Own application for a trademark, saying that "consumers would reasonably believe Cheech Marin is connected" to Cheech's Own.

"Since celebrities are commonly associated with food product lines and Cheech Marin already endorses a beverage, the public would reasonably assume a connection between him and food products, such as coffee, coffee-based beverages, and coffee beans," the federal office wrote.

The lawsuit calls the letter "damning."

Marin's lawsuit asks for a court injunction ordering Cheech's Own to stop using its corporate name, stop using its website address (Cheechsown.com), turn over all documents, goods and other material with the name Cheech.

The lawsuit also ask for monetary damages and "all gains, profits, benefits and advantages" derived from the use of the name.

Staff Writer MIke Deak: 908-243-6607; mdeak@mycentraljersey.com