Wheeling Nailers, ECHL win judgment for misuse of logo - Beckley, Bluefield & Lewisburg News, Weather, Sports

Hockey Club of the Ohio Valley, ECHL win judgment for misuse of Wheeling Nailers logo

Posted: Updated:
  • Local NewsLocal NewsMore>>

  • Mass.-based fighter jet crashes in Virginia

    Mass.-based fighter jet crashes in Virginia

    A sheriff's dispatcher says authorities are searching for a military jet that crashed in western Virginia.
    A Massachusetts Air National Guard officer says authorities are still searching for the pilot of a fighter jet that crashed in Virginia and do not know whether the pilot may have ejected.
  • UPDATE: Search for suspects in Beckley shooting continues

    UPDATE: Search for suspects in Beckley shooting continues

    Wednesday, August 27 2014 11:49 AM EDT2014-08-27 15:49:18 GMT
    Three people are in the hospital Tuesday night after a shooting along Antonio Avenue in Beckley.Police said around 5 PM two men rushed up to a basketball game on a court near an apartment complex and started firing guns.Three men suffered injuries as a result.The three men were taken to a nearby hospital.Detective Morgan Bragg with Beckley Police said one man was in surgery around 6 PM Tuesday night.The other two men were in stable condition. Surveillance video from a camera near the basketba...
    Three people are in the hospital Tuesday night after a shooting along Antonio Avenue in Beckley.Police said around 5 PM two men rushed up to a basketball game on a court near an apartment complex and started firing guns.Three men suffered injuries as a result.The three men were taken to a nearby hospital.Detective Morgan Bragg with Beckley Police said one man was in surgery around 6 PM Tuesday night.The other two men were in stable condition. Surveillance video from a camera near the basketba...
  • Residents Without A Home Following Fire

    Residents Without A Home Following Fire

    Wednesday, August 27 2014 10:58 AM EDT2014-08-27 14:58:25 GMT
    Residents in a Shady Spring home are displaced after a fire burnt down their home on Tuesday evening.
    Residents in a Shady Spring home are displaced after a fire burnt down their home on Tuesday evening.

The Hockey Club of the Ohio Valley and the ECHL have won a default judgment from a Kentucky marketing group that used the Wheeling Nailers name and logo to sell advertising spots.

U.S. District Judge Frederick P. Stamp Jr. ordered Elsmore, Ky.-based Eagle Marketing Group, LLC, to pay more than $33,000 in damages for willfully infringing on the Nailers trademark.

"What the case boiled down to is an entity … going around usurping the goodwill of small business owners towards local colleges and hometown teams," HCOV attorney Gerald E. Lofstead III of Cipriani & Werner PC, Wheeling, said. "Based on my research, this has gone on (in other cities) where the ECHL has teams to the point where they're well known to ECHL, but until now, no one pulled the trigger," by filing suit.

HCOV, owned by the non-profit Regional Economic Development Partnership, operates the Nailers. Lofstead said the organization "watches revenue very closely ... and it's really important to (them), to the organization, to stop this and try to teach Eagle Marketing something of a lesson with regard to business practices."

The complaint alleges Eagle solicited local businesses to purchase advertising on calendars with the Nailers game schedule, suggesting to the various advertisers that they were working with HCOV to support the team. The team did not receive any of the profits from the sale of the calendar or advertising spots, they said.

"Those businesses that purchased advertising on the defendant's calendar were misled to believe that they were supporting the local ownership of the Wheeling Nailers Hockey Club," they said in the suit.

Eagle Marketing did not respond to the complaint Lofstead said the firm "had plenty of opportunity, they were provided notice of everything. They chose not to appear."

Because the infringement was deemed intentional, Stamp tripled the actual $9,300 the team lost in advertising revenue plus attorney fees.