In December 2003, SBC-Television an Illinois company requested SBC Ameritech" to cease and desist the use of their common law trademarks in the SBC-TV Broadcast Area located in parts of Illinois, Indiana, and Wisconsin, since the SBC" and SBCtv" marks have been continuously used long prior to the trademark registration of SBC "Ameritech". Boris Parad, of Parad Law Offices, P.C., filed this lawsuit(SBC TV, Inc. v. SBC Knowledge, et al., Case #:: 04-cv-0628) in the federal court in Illinois on behalf of SBC-Television stating his client is entitled to protection and exclusive use of its marks within their broadcast area.
Skokie, IL (PRWEB) February 7, 2004—- SBC TV, Inc. v. SBC Knowledge, et al., Case #:: 04-cv-0628.
In the true spirit of David vs. Goliath, SBC-TV a growing television broadcasting company located in Illinois is suing SBC Knowledge Ventures, L.P., and SBC Communications Inc. (formerly known as Ameritech" in the Plaintiffs broadcast area) for trademark infringement. In December 2003, Plaintiff requested SBC Ameritech" to cease and desist the use of Plaintiffs common law trademarks in the SBC-TV Broadcast Area, since the SBC" and SBCtv" marks have been continuously used long prior to Defendants trademark registration. Therefore, SBC-TV seeks the court decision confirming Plaintiffs right to exclusive use of the marks within their broadcast area.
Plaintiff provides South Asian television broadcasting in the United States to local subscribers/audience in Illinois and neighboring states. The Plaintiff has continuously operated under the logos and names SBC" and SBCtv" in conjunction with its television broadcast business in Illinois counties including Cook, Lake, DuPage, DeKalb, McHenry, Kendall, Grundy, Will, and Kankakee; as well as Kenosha County in Wisconsin, and Lake Porter and Jasper Counties in Indiana since 1989. The Defendants registered its SBC mark in 1996, recently changed their trade name Ameritech" to SBC", and began to use their trade name and trademark SBC in the SBC-Televisions broadcast area.
SBC-Television is represented by Boris Parad, of Parad Law Offices, P.C., who filed this lawsuit in the federal court in Illinois. According to Parad, Our client has acquired common law rights in the marks based on their prior and continuous use of the marks in each broadcast since 1989 to present. The law is that the right to a distinctive mark belongs to the person who first continuously uses the mark to identify or distinguish goods or services in commerce. Trademark rights are acquired by adoption and use, not by registration."
The Plaintiffs position is that both SBC marks are nearly identical and in the same class of television broadcast services," and therefore there is likelihood of confusion of the public as to the source of services. Consequently, the Plaintiff is entitled to protection and exclusive use of its marks within their broadcast area.
Plaintiff alleged that the use of SBC (Ameritech") marks to promote, market or sell their products and services in direct competition with SBC-Televisions services constitutes trademark infringement and unfair competition.
Boris Parad has litigated cases in both federal and state courts in Illinois, Colorado, Michigan and argued cases in the Illinois appellate courts. His background and the firms services are described at www.ParadFirm.com or he can be reached directly at bparad@paradfirm.com.
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