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PBS Affiliate & NPR Station Bring Trademark Action Against Educational Company.

CLEVELAND, April 15, 2009 -- An Ohio non-profit multimedia company brought a federal trademark suit against two Pennsylvania defendants today for infringement of the mark IDEASTREAM.

The Cleveland-based non-profit Ideastream operates the local PBS affiliate WVIZ and the local NPR station, WCPN radio. In its complaint, Ideastream claims to have used the mark IDEASTREAM continuously since 2001 to identify, advertise, market, promote, distribute and sell broadcast content in addition to other goods and services.

Defendants Idea Stream Productions LLC and Mark Louis Smith are accused of using the confusingly similar mark IDEA STREAM in connection with educational materials offered through various media, including DVDs and internet streaming.

According to the pleading filed, the web site published by the defendants states "its sponsorship opportunities are 'modeled on the PBS/NPR approach'."

Despite receipt of a cease and desist letter dated November 3, 2008 from Ideastream, the defendants have continued to use the mark IDEA STREAM.

The Ohio media company was issued a certification of registration from the United States Patent & Trademark Office (USPTO) for the mark IDEASTREAM in connection with: prerecorded media, instructional materials, bags, beverage ware, shirts, business services, multimedia broadcasting and production and distribution services for radio, television, internet, broadband, cable and satellite programming.

The complaint contains claims for federal and common law trademark infringement, deceptive trade practices under Ohio law, and Lanham Act claims for false designations of origin, false description, and false representation.

Ideastream is seeking an injunction to prohibit further use of the mark IDEA STREAM by the defendants. Pursuant to the Lanham Act, Ideastream could recover defendants' profits and any damages sustained by the plaintiff. 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.