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Saturday, February 07, 2009
Ind. Decisions - "New Albany strip club infringed on Horseshoe's trademark"
Grace Schneider reports today in the Louisville Courier Journal:
A federal judge has ruled that a New Albany strip club's use of the name II Horseshoes and a golden horseshoe logo amounts to trademark infringement on nearby Horseshoe Casino.U.S. District Judge Sarah Evans Barker signed a consent judgment and issued a permanent injunction this week ordering John Mattingly, the owner of II Horseshoes Gentleman's Club on Old River Road, to stop any use of the Horseshoe name or its trademarked golden horseshoe.
The court also ordered Mattingly to remove the image from any advertising and promotional material, including signs, banners, cocktail napkins, clothing, business cards and receipts. * * *
The casino took Mattingly to U.S. District Court in New Albany in late December, accusing the business owner of lifting the casino company's name and horseshoe logo in violation of federal trademark protections.
Separately, the opening of the club -- inside the former Rustic Frog bar and restaurant -- shortly after Thanksgiving caught New Albany officials off guard.
The City Council on Monday night unanimously approved a first reading of a new adult-entertainment ordinance to restrict business hours and set licensing requirements for the new club and other future cabaret businesses.
Mattingly has since indicated to city officials that he expects to call the business Rustic Frog Gentleman's Club. * * *
Barker agreed that II Horseshoes' use of the horseshoe logo was likely to confuse the public and could give the impression that the club is affiliated with or sponsored by the Harrah's Entertainment-owned gambling operation.
Each party was ordered to pay its own court costs and attorneys' fees, despite the casino's request for actual damages and a share of profits derived from the infringement.
Posted by Marcia Oddi on February 7, 2009 08:23 AM
Posted to Ind Fed D.Ct. Decisions