Court rules in favor of Rainbow Foundation in trademark dispute.TRENTON, N.J.--(BUSINESS WIRE)--Dec. 18, 1995--U.S. District Judge Mary Little Parell has granted a motion for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. preventing the Rainbow Card Foundation charity from using that trade name in the New York/New Jersey area. A lawsuit against the Rainbow Card Foundation had been filed by attorneys for Rainbow Foundation Inc., a statewide New Jersey charity based in Middletown that has provided medical help, financial assistance and shelter to ailing New Jersey children for more than ten years, to stop the use of its confusingly similar confusingly similar adj. in the law of trade marks, when a trade mark, logo or business name is so close to that of a pre-existing trade mark, logo or name that the public might mis-identify the new one with the old trade mark, logo or name. name. Rainbow Card Foundation is a charitable organization This article is about charitable organizations. For other uses of the word charity, see Charity. A charitable organization (also known as a charity) is an organization with charitable purposes only. affiliated with the Rainbow Card, a Visa credit card, targeted at gay and lesbian consumers. Tennis star Martina Navratilova Noun 1. Martina Navratilova - United States tennis player (born in Czechoslovakia) who won nine Wimbledon women's singles championships (born in 1956) Navratilova is the card's unpaid spokesperson. Proceeds from the card will benefit gay and lesbian causes, including the National Center for Lesbian Rights The National Center for Lesbian Rights (NCLR) is a non-profit, public interest law firm that litigates precedent-setting cases at the trial and appellate court levels, advocates for equitable public policies affecting the LGBT community, provides free legal assistance to LGBT , AIDS and breast cancer research. "Their causes are not our causes," noted Red Bank, N.J. attorney Robert S. Bonney Jr., of the firm Evans, Osborne, Kreizman & Bonney, Rainbow Foundation's legal counsel when filing the motion for an injunction. "To have someone with celebrity status using a similar trademark will confuse our potential contributors." Rainbow Foundation had argued that the dual use of the name could severely undermine its ability to raise funds and provide assistance to needy children. Rainbow Foundation raised more than $250,000 last year from individuals and corporate sponsors. With cuts in government programs, it is competing more aggressively than ever for donations. "Such things as good will, reputation, name recognition and the causes you champion make a tremendous difference in the ability of a charity to obtain the financial support of individuals, corporations and other philanthropic organizations," said Margaret B. Karaban, president and executive director of the Rainbow Foundation, in her affadavit to the U.S. District Court in Trenton. In her ruling, Judge Parell agreed, noting that Rainbow Foundation's efforts to acquire contributions in the NY/NJ NY/NJ New York/New Jersey area will be "irreparably harmed" by the continued use of the name in the area by Rainbow Card Foundation. The preliminary injunction prevents Rainbow Card Foundation from using that name in the State of New Jersey, New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. , Rockland and Westchester counties of New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of State, and Fairfield County Fairfield County is the name of three counties in the United States:
"The Foundation is very pleased that 12 years of its work in establishing its name and reputation as a charity for children has been recognized by the court and will not now be diminished by possible confusion," noted Bonney after the ruling. Rainbow Foundation, founded in 1984, has provided over 4,500 New Jersey children with emergency medical equipment, food, clothing, and financial assistance for their families. Rainbow Foundation also operates Noah's Ark, a safe home for abused and neglected children awaiting placement in foster care. CONTACT: Rainbow Foundation, Trenton Robert S. Bonney Jr. Esq., legal counsel 908/741-9550 (w) or 908/531-9112 (h) or Tom Karaban, founder and chairman 908/671-8399 (w) or 908/872-8922 (h) |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion