Firm Extranet
CAR-FRESHNER Corporation prevailed in the lawsuit over the unauthorized use of its famous Tree design on greeting cards, after battling in the Texas and New York Courts for almost a year. On March 2, 2006, use of the federally registered Tree design on greeting cards was enjoined by the United States District Court of the Northern District of New York. The Consent Judgment, which was agreed to by Dale Detwiler dba Corndog Cards & Novelties, prohibits Detwiler from manufacturing or selling any products that infringe the famous Tree design marks, including any colorable imitations or parodies of the Tree design. In addition to a payment as part of the Consent Judgment, Detwiler has agreed to pay substantial penalties to CAR-FRESHNER Corporation in the event that there are future infringements. This is not the first time that the Tree design was used without permission. According to Jody R.A. LaLone, President of CAR-FRESHNER Corporation, infringers mistakenly believe that if they use the Tree design on products other than air fresheners, they are not going to get into trouble. However, CAR-FRESHNER Corporation uses the Tree design mark on a variety of product categories. “LITTLE TREES and the Tree design have an outstanding reputation, which has been enhanced by our licensing program. Using these marks without permission is like using someone else’s car without asking permission—it’s a form of stealing, no matter what you call it.” “Unfortunately, the more successful the mark, the more likely it will be infringed,” states Roberta S. Bren, of Oblon, Spivak, McClelland, Maier & Neustadt, P.C., counsel for CAR-FRESHNER Corporation. However, CAR-FRESHNER Corporation has been very vigilant about protecting its mark and reputation, so we are hoping that the word will spread to enter into a legitimate license or keep away!” Less than a year earlier, Judge McAvoy, of the U.S. District Court for the Northern District of New York, ruled in a Memorandum-Decision and Order that Big Lots Stores, Inc. infringed CAR-FRESHNER Corporation's federally registered Tree design. CAR-FRESHNER Corporation was represented in the litigation by Roberta S. Bren and Jonathan Hudis of Oblon, Spivak, McClelland, Maier, & Neustadt, P.C., with Nancy Pontius of Mackenzie Hughes LLP, as local New York counsel and Scott Incerto and Adam Schramek of Fulbright & Jaworski LLP, as local Texas counsel.
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