Cubcrafters suing Legend

[birdlegs]

Re: Cubcrafters suing Legend

It will be interesting to see how the plaintiff manages to discribe something as common as a color scheme,that has been painted on light planes for maybe say, 60 some years to belong to they're trademark ownership.Thats like saying a style of music is copywritten,and I hope they don't prevail.
If they do, they can bully the compatition out of fair market revenue and American competitive business ethics will loose,again.

[Ed O'Brien]

I was looking up information on what's going on at the
Taylorcraft Factory when I cam across this...
with regards;
ED OBRIEN
Cub Crafters Sue Over Colors, Name
A bright-yellow taildragger with a black lightning-bolt stripe means "Cub" to many aviators, but with a kit industry awash in Cub-a-likes just who has the right to use those colors and that name for production aircraft has come into dispute. Cub Crafters, of Yakima, Wash., has filed a lawsuit in federal court in Texas against American Legend Aircraft Co. , claiming that Cub Crafters has rights to the names "Cub" and "Legend," plus the yellow-with-black design. Cub Crafters builds the Sport Cub light sport aircraft (LSA) and the Part 23-certified Top Cub, and has been rebuilding Cubs since at least 1986. Legend Aircraft, of Sulphur Springs, Texas, builds the Legend Cub LSA that went on the market just this year. In a 10-page complaint, Cub Crafters asks the court to stop American Legend from infringing on its trademarks, and stop it from competing unfairly with Cub Crafters and "diluting the distinctive quality of Cub Crafters trademarks." Further, Cub Crafters wants American Legend to pay over all profits from selling the disputed merchandise, plus pay damages and attorneys' fees.


...Awaiting A Legal Outcome
Since the legal matter is pending, neither party was willing to say much about it. Todd Simmons, spokesman for Cub Crafters, told AVweb in an e-mail that "Our company policy is not to comment specifically on legal matters or pending litigation. ... We are bringing a variety of internal and external company resources to bear on protecting the integrity of the intellectual property that we have invested in and developed over our twenty-five year history. Any current proceedings toward that end are consistent with similar efforts and actions taken in the past." Tim Elliott, spokesman for Legend Aircraft Co., told AVweb on Tuesday: "We believe that the lawsuit and their claims have absolutely no merit. We intend to continue our strong defense of the case." The case is scheduled to go to court in August 2006.