Court Orders Martha Stewart, Emeril Lagasse, Home Shopping Network to Stop
Using "SOLINGEN" Certification Mark
FORT LAUDERDALE, FL -- (Marketwired) -- 02/04/14 -- Attorneys with
Mayback & Hoffman and Devine Goodman, et al. announced that a Tampa
federal judge has issued a permanent injunction prohibiting Martha
Stewart, Emeril Lagasse, and their respective companies; the Home
Shopping Network; and SED International Holdings Inc. from using the
"SOLINGEN" certification mark.
Catherine Hoffman, who represents the Chamber of Industry and
Commerce Wuppertal-Solingen-Remschied, a German trade association,
filed suit in September 2012 in the U.S. District Court for the
Southern District of Florida alleging counterfeiting, trademark
infringement, unfair competition and false advertising under Federal
law and unfair competition under Florida law. The case was
transferred to the Middle District of Florida.
The German trade association owns the SOLINGEN certification mark.
Products displaying the SOLINGEN certification mark must be produced
in Solingen, Germany, and meet specific requirements set forth in
German law under the "Solingen Decree."
The knives, sold by Stewart and Lagasse on the Home Shopping Network,
as well as online, were emblazoned with "SOLINGEN" on one side, but
had "China" stamped on the other. The knives were made in China.
As part of the permanent injunction and a settlement agreement, the
defendants admitted that the trademark is valid and enforceable and
agreed to pay the German trade association an undisclosed sum.
"This is a huge victory for our client," said Catherine Hoffman a
founding partner of Mayback & Hoffman. "Our client's certification
mark identifies only the highest quality products made in Solingen,
Germany, and we will do whatever it takes to protect that reputation,
which includes Solingen's world-famous reputation as the 'Cutlery
Capital.' We hope this settlement sends a strong message to anyone
attempting to profit from improperly certifying products with the
Martha Stewart Living Omnimedia Inc. (MSLO), Stewart's company, owns
Lagasse's product line, which was being sold on the Home Shopping
Mayback & Hoffman, P.A., is a full-service, AV rated Intellectual
Property law firm. Its attorneys counsel clien
ts on issues relating
to patents, trademarks, copyrights, and trade secrets. The firm
represents clients from around the world, including Australia,
Brazil, Canada, China, Denmark, the European Union, India, Japan,
Korea, and South Africa. In the United States, the firm represents
multi-national corporations, businesses and individuals in Florida
and elsewhere. Catherine Hoffman, Gregory Mayback, and Julie Dahlgard
represent the German trade association in this case and other
Devine, Goodman, Rasco, Watts-Fitzgerald & Wells, P.A., is a
Florida-based litigation and transactional business boutique. Devine
Goodman attorneys frequently litigate complex business disputes in a
wide variety of matters, including contract disputes, fraud and civil
RICO claims, real estate litigation, "corporate divorces" involving
dissolution of closely-held entities, and aviation cases.
Additionally, Devine Goodman has litigated many complex business
cases and has been class counsel in nationwide and state certified
class actions. Devine Goodman partners Guy Rasco and Lawrence Goodman
worked together with Mayback & Hoffman lawyers to litigate and bring
the case to a successful resolution.
Susan R. Miller
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