FIREHOUSE SUBS & CALLI BAKER'S FIREHOUSE BAR & GRILL - FEDERAL TRADEMARK CASE
United States Court of Appeals for the Fourth Circuit, Richmond,VA: Firehouse Restaurant Group,Inc.vs.Scurmont LLC d/b/a Calli Baker's Firehouse
SPARTANBURG, SOUTH CAROLINA - NOVEMBER 19, 2012 (VIA ITF Christian Leon)
On August 19th 2011 Firehouse Restaurant Group, Inc. was found guilty by a jury of Trademark Fraud in Federal Court. On November 15, 2011, the captioned case was appealed to the U.S. Court of Appeals for the Fourth Circuit, where the matter was pending and docketed as Case No. 11-2264. As a result of ongoing settlement discussions in the Appeals process by the parties' attorneys' and pressure from an undisclosed third party Firehouse Restaurant Group, Inc. and Calli Baker's Firehouse Bar & Grill reached an agreement to resolve the matter. The case was then remanded to the Federal US District Court of South Carolina before Judge R. Byran Harwell.
On July 13th 2012 Federal District Court Judge R. Byran Harwell ORDERED an Indicative Ruling Pursuant to FED. R. CIV. P. 62.1(a)(3) (Federal Civil Action No. 4:09-cv-00618-RBH) which led to a motion being GRANTED August 3rd, 2012 to "Vacate" the fraud jury verdict in the Firehouse Restaurant Group, Inc. vs. Scurmont LLC d/b/a Calli Baker's Firehouse Bar & Grill. The reason for this outcome after over a three year legal battle was that the two parties in the Court of Appeals process negotiated a mutual settlement which at this time the monetary settlement figure and terms are undisclosed. Consequently, t he August 3rd, 2012 Federal Appeals Court Settlement by Firehouse Subs was very confidential and not known news until recently.
Judge R. Byran Harwell invited the United States Patent and Trademark Office to be heard on the matter of the Joint Motion (Settlement) by filing a briefing with the Court within fourteen days. The Court's decision to issue this Order comes after consideration of the response made by the USPTO and filed with the Clerk as Docket Entry 251. The USPTO response stated that, "So long as the parties agree that the registration will not be renewed and accordingly will be canceled, the USPTO is not concerned whether the Court's judgment is vacated.".
So in a brief summation to date "Firehouse Subs" (Firehouse Restaurant Group, Inc.) will still lose the Trademark "FIREHOUSE", Registration Number 3,173,030 to Cancellation. However, the verdict of fraud by an 8 member jury on the court record will be "Vacated". Moreover, the grueling and lengthy "David and Goliath" legal battle for firefighter Captain Heath Scurfield owner of Calli Baker's Firehouse Bar & Grill at long last is over.
Nonetheless, our investigative sources have reported that allegedly the rest of the whole story is still unfolding and that the Trademark FIREHOUSE, Registration Number 3,173,030 was used in numerous, aggressive legal actions over the years against other parties (Defendant's) 8 known entities currently and the Trademark FIREHOUSE, Registration Number 3,173,030 was/is legally invalid (Assignment-In-Gross). In fact the NY Corporation who had Senior User rights was "Inactive" but negotiated and illegally transferred the Trademark to Firehouse Restaurant Group, Inc. There could be lawsuits stemming from those negligent actions and "Firehouse Subs" malfeasance.
What is more, the fate of some 35+ other Trademarks of "Firehouse Subs" (Firehouse Restaurant Group, Inc.) are also purportedly hanging in the balance as our sources likewise relate that there are yet legal actions forthcoming which will demand the review of the Officials at the USPTO and Statutorily obligate "Cancellation". Such other Trademarks' mentioned concern legally invalid and/or ill-gotten Trademarks of Firehouse Restaurant Group, Inc.
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Contact:
William Harris Rogers
Christian Leon Trust Publishing
Telephone: 828-863-4620
Email: billyrogersemail@gmail.com
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William Harris Rogers
Christian Leon Trust Publishing
Telephone: 828-863-4620
Email: billyrogersemail@gmail.com
William Harris Rogers
Christian Leon Trust Publishing
Telephone: 828-863-4620
Email: billyrogersemail@gmail.com
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