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STAIND Sues For Trademark Infringement

December 22, 2004

Launch Radio Networks is reporting that STAIND has filed a lawsuit in Ohio federal court against Jon C. Stainbrook for trademark infringement and breach of contract, while also seeking a judicial declaration that the band's trademark registrations are valid. STAIND was forced to take legal action, according to a statement issued by the band yesterday (Dec. 21),when Stainbrook attempted to re-register "THE STAIN" as a trademark despite the fact that the band purchased it from him in 1999.

The members of STAIND said in their statement, "We dealt with this years ago by purchasing Mr. Stainbrook's mark in good faith. All we want to do is make music and it's too bad that we have to spend time and energy dealing with this situation. We are confident that our purchase agreement with Mr. Stainbrook will be upheld, and his attempts to cancel our STAIND registrations and to re-register 'THE STAIN' will be rejected."

According to STAIND's suit, Stainbrook "purposefully caused STAIND's rights in the 'THE STAIN' trademark registration to lapse, and now seeks to benefit from his conduct by attempting to reclaim rights in 'THE STAIN.'"

The band also seeks to have Stainbrook's motion to cancel STAIND's trademark registrations be deemed meritless and rejected by the U.S. Patent and Trademark Office.

Stainbrook filed a petition against the group in October with the Patent and Trademark Office, claiming that they obtained the right to use the name through "fraudulent practices." Stainbrook, who used to lead a band called the STAIN, legally forced the Los Angeles pop-punk act LIT to abandon their original name, STAIN.

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