Media Arts Group, Inc. Wins $1.7 Million Judgment for Infringement of Thomas Kinkade Trademark.Business Editors/Legal Writers MORGAN HILL, Calif.--(BUSINESS WIRE)--Sept. 23, 2003 Media Arts Group, Inc. (NYSE NYSE See: New York Stock Exchange :MDA (1) (Monochrome Display Adapter) The first IBM PC monochrome video display standard for text. Due to its lack of graphics, MDA cards were often replaced with Hercules cards, which provided both text and graphics. See PC display modes and Hercules Graphics. ) announced that the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. Eastern District 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 has found in favor of the corporation with regard to its lawsuit against Artport, Inc., also doing business on the Internet as Kinkade.com, for infringement of the Kinkade and Thomas Kinkade For the American admiral, see . '' Thomas Kinkade (born January 19, 1958 in Sacramento, California) is an American painter whose work has been printed in mass production. He is marketed as "Thomas Kinkade, Painter of Light," a trademark owned by Media Arts Group, Inc. trademarks and for Cyberpiracy. The Court awarded Media Arts damages in the amount of $1,724,526 and granted the company injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. against the Defendants. "The court's ruling is not only a victory for Media Arts in protecting its trademarks, but more importantly it is a victory for all collectors of Thomas Kinkade artwork and products who want to be assured of authenticity, product knowledge and service when they make their purchases," said Eric Halvorson, President of Media Arts Group, Inc. "The Thomas Kinkade name stands for quality. It is only through the sale of our products by authorized dealers that we can deliver on our promise to provide our customers with these assurances along with their Thomas Kinkade painting. We will continue to vigorously enforce our rights in the Thomas Kinkade trademark and against unauthorized dealers." The case involved the sale of Thomas Kinkade art over the Internet by Artport, Inc., using variations on the Kinkade and Thomas Kinkade name as domain name registrations. Only authorized dealers are given permission to use the Thomas Kinkade name for various marketing and sales purposes including Internet domains. Artport was not an authorized dealer and did not have permission to use Kinkade or Thomas Kinkade. However, during the past three years Artport sold Thomas Kinkade art over the Internet, without providing its customers with the full benefits that they would have received through a purchase from an authorized Thomas Kinkade dealer. About Media Arts Group, Inc. Media Arts Group publishes the work of Thomas Kinkade and distributes his art and related collectibles through independently owned galleries worldwide, an extensive network of branded and licensed dealers; and strategic marketing relationships with such companies as Avon Products Avon Products, Inc. NYSE: AVP is a US cosmetics, perfume and toy seller with markets in over 135 countries across the world and sales of $8.1 billion worldwide as of 2005. , Inc., QVC QVC Quality Value Convenience QVC Question Valid Command Inc. and more than 60 licensees. The company's primary products are canvas and paper reproductions that feature Mr. Kinkade's artistic unique use of light and his peaceful and inspiring themes. Mr. Kinkade, known as the "Painter of Light(R)," is the most successful and most collected living artist in U.S. history. For more information, please visit the company's web site at www.mediaarts.com. |
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