Since we have started this page, we have gotten many emails regarding the TWHBEA and NWHA lawsuit that took place back in 2007. I wish I had the time to answer each one of these individually but getting the website done is top priority. So as most of you know in 2007 TWHBEA sued NWHA for trademark infringement, unfair competition, trademark dilution and intentional interference with business relations. The court found each of these four claims were without merit and dismissed them in their entirety. The remaining claim of copyright infringement was decided by Summary Judgment in 2007 when the court held that TWHBEA’s registry, registry certificates and registration numbers are protected by copyright. NWHA admitted use of the certificates to obtain pedigree information. For this infringement, the court assessed statutory damages against NWHA in the amount of $31,000.00 and enjoined NWHA from soliciting or referring to the “TWHBEA Registry,” “TWHBEA Certificates” or “TWHBEA Registration Numbers” through any applications or websites. This ruling does not prohibit NWHA from using pedigree information nor does it negatively impact the NWHA Tracking Registry. The Court ruled that NWHA is not enjoined from requesting pedigree information from a horse owner. The court was emphatically plain in stating the injunction does not extend to facts of a horses pedigree, name, markings or color. A horse owner may provide and NWHA may request pedigree information. This ensures owners rights to use their own horses pedigree, name, color or markings. Hopefully this will answer those current questions and future questions that may arise!
Posted on: Tue, 05 Nov 2013 14:32:17 +0000
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