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Staind Forced To Sue To Protect Its Trademark Rights
Multi-platinum selling rock band STAIND have been forced to initiate a lawsuit in Ohio federal court against Jon C. Stainbrook for trademark infringement, breach of contract and for a judicial declaration that STAIND's trademark registrations are valid. The lawsuit arises out of Stainbrook's recent attempt to re-register the mark "The Stain," after STAIND purchased the mark from Stainbrook in 1999. According to the complaint: . Stainbrook purposefully caused STAIND's rights in the "The Stain" trademark registration to lapse, and now seeks to benefit from his conduct by attempting to reclaim rights in "The Stain." . Stainbrook's attempt to re-register the mark would conflict and cause confusion with the mark "STAIND." The complaint also seeks a determination that Stainbrook's motion to cancel the STAIND series of trademark registrations is meritless and should be rejected by the U.S. Patent and Trademark Office. In a joint statement, STAIND said: "We dealt with this years ago by purchasing Mr. Stainbrook's mark in good faith. All we want to do is make music and it's too bad that we have to spend time and energy dealing with this situation. We are confident that our purchase agreement with Mr. Stainbrook will be upheld, and his attempts to cancel our STAIND registrations and to re-register 'The Stain' will be rejected." The multi-platinum critically acclaimed group--singer AARON LEWIS, guitarist MIKE MUSHOK, bassist JOHNNY APRIL and drummer JON WYSOCKI--are in the studio putting the finishing touches on their new studio album (due out in Spring 2005). The group's last album, 14 SHADES OF GREY, was released in May 2003 on Flip/Elektra and is certified platinum.
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