Pets TV, Inc. Won't Roll Over for Entertainment Studios Networks' Use of PETS.TV.

GREENSBORO, May 29, 2009 -- The owners and broadcasters of www.petstv.com initiated a dog fight in federal court today against Entertainment Studios Networks claiming trademark infringement.

North Carolina's Pets TV, Inc. owns and operates a web site at www.petstv.com which broadcasts content concerning pet care over the world wide web.

California's Entertainment Studios, Inc. produces, distributes, and sells advertising for 16 television programs, claiming to be the largest independent producer/distributor of first-run syndicated television programming for broadcast television stations. Entertainment Studios also provides video content to broadcast television stations, mobile devices, multimedia platforms, and the web which is the crux of the litigation.

Defendant currently markets, provides, and otherwise promotes online and broadcasted television programming in the field of pet care under the mark PETS.TV. The television content is also broadcast at www.es.tv/category/shows/petstv.

According to the United States Patent & Trademark Office (USPTO), Pets TV, Inc. registered the marks PETSTV and PETSTV.COM on January 21, 2006 and July 25, 2006 respectively with the earliest date of first use of November, 2004

While all of Pets TV, Inc's federal registration specify the use of the mark PETSTV in connection only with the internet, the company can make a case for trademark infringement if Entertainment Studios, Inc. use of the mark PETS.TV on television and the web is likely to cause confusion regard the source of the content.

Despite being the registered owner of PETSTV, Pets TV, Inc can only prevent others from putting the marks into use after their date of first use of November, 2004.

If Pets TV, Inc. is successful in proving trademark infringement, they could recover defendant's profits derived from using the registered marks and any damages sustained by Pets TV, Inc. In assessing damages the court may enter judgment for any sum above the amount found as actual damages, up to three times. When a court finds a defendant intentionally counterfeited a registered trademark, the court must, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fee unless the Plaintiff elects for statutory damages up to $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed.

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