Is Cincinnati 'Roadshow' Causing Confusion? Public TV's Antiques Roadshow Has Complained Of Misleading Advertising In Court Action

CINCINNATI (TDB) -- The advertisement above appears on the front page of today's Cincinnati Enquirer. It is hawking this week's Roadshow, which opened downtown Monday at the Duke Energy Convention Center. But the event has no connection to the popular public television series Antiques Roadshow, which is produced by the WGBH Educational Foundation in Boston. That Roadshow -- which has complained it is being victimized by a fake -- isn't scheduled to be on the road this year until June 12, when it does its first event in San Diego. The owner of the public TV show, WGBH, contends in a federal court lawsuit filed last month in Springfield, Ill., that its good name has been sullied by an impostor. It is seeking a permanent injunction for trademark infringement, false and misleading advertising, and unfair competition and business practices. The 26-page lawsuit, filed Feb. 23, 2010, says consumers are being confused:

"This action arises out of and is based on Defendants attempt to usurp the good will of an knowingly trade on WGBH's famous and hugely successful Antiques Roadshow television program and its ARS Marks and treasure chest logo. Defendants' use of the names TREASURE CHEST HUNTERS ROADSHOW and ROADSHOW to refer to themselves.,their appraisal events and their online and television programming and their use of a treasure chest is without WGBH's authorization, and is done with the knowledge that such use is in violation of WGBH's rights. Such activity is designed to deceive and has deceived consumers into believing Defendants are associated with Plaintiff to generate interest in their own services and events . . .

"Defendants misappropriation of Plaintiff's ROADSHOW mark and the treasure chest device has had the intended effect of confusing consumers. Plaintiff has received numerous letters and e-mails asking whether Defendants' events are connected to Antiques Roadshow. Consumers who see the advertisement placed by Defendants have contacted WGBH to ask whether in fact Antiques Roadshow is coming to the advertised cities, asking how to obtain tickets and asking about what can be brought to the appraisal events."

While the Cincinnati Enquirer has not yet seemed to notice there is a legal dispute under way, the Springfield State Journal-Register in Illinois has covered the flap in-depth. It notes that the treasure hunters say they won a ruling in 1999 that the Roadshow name is not solely WGBH's. The company's president defended its business practices. A full-text version of the lawsuit filed by the Antiques Roadshow is available here (pdf).

Ohio's New MSM Blogs: List of Names Leaks Out

CINCINNATI (TDB) -- With the debut of a new Ohio.com blog under its belt, insiders say the MSM is planning several other additions and editions to cover Buckeye State matters. These operations will begin rolling out in the days and weeks ahead. A list of the nameplates likely to be trademarks for the new blogs headed to the Ohiosphere is as follows:

Writes Like A Hawk
RightAngleFog
PschyoBellyDebutante
Thunderplumb
DailyBeltStretcher
Phlo'sNorkaRages
OhioKnave
Kixguy
Ohio Bailey
Crass City Jingle
Creative Mink
Conservative Vulture
Opiners
Cincy Newssnake
Cincinnati Deacon
MuckeyeStateGrog
BluedFishDaily
DizzyBlog
FrogNetOoze
AsOhioSnows
Pro-grassOhio
LargeBellVacates
BearingGiftsOhio
KingsHindSight
Callahan'sClevelandDiatribe
HaveTeaWillSpill
TheNookieLeerOpton
TheCheeseSource
Columfusser

Ohio's 6th Circuit: Hong Kong Toymaker Copied GM

CINCINNATI (TDB) -- A federal appeals court announced today it won't reconsider an October ruling that a Hong Kong company owes General Motors $1.5 million for making toy Humvees. The miniatures infringed on the U.S. automaker's trademark for giant SUVs called Hummers. The case spawned a lot of legalese about Asian copycatting, but nothing about American gas guzzling.

The Humvee is a military vehicle. GM markets a smaller civilian version, the H2, that it describes as "Like Nothing Else" on the road.

A jury in Detroit awarded damages and royalties to GM in March 2005. Lanard Toys Inc., which is based in Kowloon, appealed the ruling to the 6th Circuit U.S Court of Appeals in Cincinnati. A three-judge panel upheld the jury verdict and the full court said Thursday it would not review that decision.

In 1992, Lanard began selling the "Mudslinger," which was modeled after the Humvee. The toy's carton labeled it a "Hyper Humvee." GM acquired the civilian Hummer brand in 1999 from AM General, which still makes the military vehicle. Sometimes in the late 1990s, Lanard began making another toy, "THE CORPS! ATK," which again resembled the Humvee/Hummer.

''In November 2000, General Motors contacted Landard to inform it that Lanards's military toy vehicles infringed on the Hummer vehicle. Lanard again rejected that contention and continued to produce its toys. On March 20, 2001, General Motors filed suit claiming that Lanard's toys infringed on its rights to the Hummer vehicle and grille design" said Circuit Judge Boyce F. Martin, who wrote the ruling in favor of GM.

The design of both the Humvee and Hummer include a front grille with seven vertical slots bookended by round headlights. The grille design was registered with the U.s. Trademark Office in 1996. Civilian Hummers really never caught on until GM bought the brand and pushed it as a sports utility vehicle. Between 1992 and 1999. AM General never sold more than 900 a year. The price tag was over $100,000. The court's ruling from last October is HERE.

GM is still peddling Hummers in this era of $2 gas. But inquiring minds want to know: How long will these dinosaurs stay on the road?