Former CBS Morning Show Host Files Trademark Lawsuit Against Competitor & Publisher.
NEW YORK, April 20, 2009 -- Former host of CBS's The Early Show Rene Syler has filed a federal trademark infringement suit against a competitor over the mark PERFECTLY IMPERFECT.
Ms. Syler filed her suit in the U.S. District Court for the Southern District of New York against competing author and speaker Lee Woodruff and publisher Random House, Inc. because Woodruff's book entitled Perfectly Imperfect is scheduled for release April 21, 2009. Woodruff's book was co-authored by her husband former ABC reporter Bob Woodruff.
The complaint states Syler starting using the mark PERFECTLY IMPERFECT on or about June 2007 in connection with her paid lectures and printed products on topics of interest to women. The complaint also states Syler published a book with Simon & Schuster in March 2007 entitled Good Enough Mother - The Perfectly Imperfect Book of Parenting in which the words "perfectly imperfect" were emphasized.
The United States Patent & Trademark Office (USPTO) conferred registered status of PERFECTLY IMPERFECT to Syler in connection with electronic media (tapes, CD's etc) on September 20, 2008 and printed materials on March 31, 2009.
Prior to the release of Woodroof's book, a cease and desist letter was sent to Woodruff and Random House demanding a change in the book title. Random House refused by letter.
Syler is seeking $1,000,000 in damages for infringement of a federally registered mark in addition to asking for damages for a claim of unfair competition and a permanent injunction prohibiting further use of PERFECTLY IMPERFECT. Syler is entitled to seek statutory damages of $1,000,000 because she has registered her trademark.
According to the complaint, Ms. Woodruff use to give lectures concerned with the welfare of military personnel and others suffering casualties in foreign conflicts, but later shifted her focus to topics of interest to women.