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NWHA Prevails in TWHBEA Lawsuit  Rate Topic 
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 Posted: Thu Dec 13th, 2007 05:57 pm
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Tator
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Mana: 
What a great day it is! I found this on the NWHA website.  Of course the "other side" is trying to put a spin on the lawsuit but here are the facts.  You can even go to the link below and read the entire court memorandum.

November 15, 2007


JUDGE RULES IN TWHBEA V. NWHA LAWSUIT


NWHA TRACKING REGISTRY PREVAILS


The Court issued its ruling in the TWHBEA v. NWHA lawsuit. Judgment was entered in favor of the National Walking Horse Association on the claims of trademark infringement, unfair competition, trademark dilution, and intentional interference with business relations resulting in the dismissal of all four claims.

On the copyright infringement claim, the Court ruled that TWHBEA’s registry and registration certificates are protected by TWHBEA’s copyright. Accordingly, the National Walking Horse Association is enjoined from soliciting or referring to “TWHBEA certificates,” the “TWHBEA registry,” or “TWHBEA registration numbers” through NWHA applications or websites and must pay statutory damages in the amount of $31,000.00 for the infringement.

The injunction does not extend to the facts of a horse’s pedigree, name, markings or color. A horse owner may provide and NWHA may request pedigree information.

The Court’s Memorandum in its entirety can be downloaded Here


 


Go Sound Horser1

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 Posted: Thu Dec 13th, 2007 11:02 pm
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Hurleycane

 

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NHWA contends that this pedigree information is not copyright protected because it is


simply factual information used in Plaintiff’s compilation. NHWA is correct.

 

Finally, some common sense from our courts!  "Just do not use the numbers or TWBEA."   

What surprised me was how small the NWHA registry is - Hope they get it up and running again! 

 

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 Posted: Fri Dec 14th, 2007 04:01 am
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That's right Hurleycane!  My understanding was the registry was stagnant for the last couple of years because of the lawsuit.   However, now they can move full speed ahead with it. 

Go Sound Horse!r1

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 Posted: Mon Dec 24th, 2007 04:27 am
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GLullaby
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Mana: 
Interesting, I hope they have enough to cover those costs. TWHBEA seemed pretty catty in that suit, but ah well.

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 Posted: Thu Dec 27th, 2007 02:18 am
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twhsandy
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You are soooo right, a great day for sure for the TWH!!!!!!!!!!l1

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 Posted: Wed Jan 9th, 2008 05:41 pm
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twhstone
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Really interesting.  TWHBEA is counting this as a win for them.

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 Posted: Sun Jan 13th, 2008 03:36 pm
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Mana: 
I'd be surprised if the didn't try and claim victory.  IMHO they had to do something to justify all the membership money they wasted by starting this suit.  Bottom line-they were found in favor in one of their counts and ruled against in the others.  Most importantly-the NWHA now has a green light to have their registry.

Go Sound Horser1

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