Disabled Vet Files Suit Against GMA ABC Alleging Trademark Infringement

Lawsuit alleges Sammartino’s trademark AmeriCAN was used during a segment on Good Morning America.

The acquired mark of the defendant is so similar to the plaintiff as to be unquestionably be the product of a scheme of deliberate copy by the defendant. As such it is highly likely one or more of the defendants acted in concert (and) with knowing intent… I would only point out at this time that the test of infringement is not whether the marks are identical, but whether they are confusingly similar. There is no justice in this world, there is just us! Everyone should visit the American Challenge.org (www.americanchallenge.org) for your sake. Call ABC and show corporate America who you are: I CAN, You CAN, We CAN because we are AmeriCAN®.

(Vocus/PRWEB ) November 10, 2009 -- Joseph “Sam” Sammartano, the former U.S. Army Policy Development and Training Officer whose designs are used today worldwide to counter terrorism and more, is suing ABC/Disney alleging they used the trademarked phrase AmeriCAN® without his permission. It was used during a segment on the popular Good Morning America broadcast during the week of Sept. 28, 2009.

The complaint, filed by D. Yellen of Ballon Stoll Bader & Nadler P.C. NY, in New York City Federal Court (Docket # 09CV9318), alleges, “The acquired mark of the defendant is so similar to the plaintiff as to be unquestionably be the product of a scheme of deliberate copy by the defendant. As such it is highly likely one or more of the defendants acted in concert (and) with knowing intent…” Paragraph # 17 of the complaint identifies cases of the alleged infringement of the registration AmeriCAN® mark.

“No single brand, trademark or word can make all 300 million citizens react. Every person in the U.S. has a direct kinship with this word, and is perhaps the most recognized brand in the entire world by its name alone. I did not create, nor was I compensated or inspired to design the AmeriCAN® trademark for any entertainment company, especially for their own good. I created it to help protect all people, inspiring students, parents and teachers through a not for profit organization,” said Sammartano.

Jack Campaign of Graham Campaign who notified ABC of the complaint by registered mail stated, “I would only point out at this time that the test of infringement is not whether the marks are identical, but whether they are confusingly similar."

According to the complaint, MediaBistro.com numbers show GMA’s market share actually increased while airing the AmeriCAN® segment -- Click here: Morning Show Ratings: Week of September 28 - mediabistro.com: TVNewser

“There is no justice in this world, there is just us!” Sam states. “Everyone should visit the American Challenge.org (www.americanchallenge.org) for your sake. Call ABC and show corporate America who you are: I CAN, You CAN, We CAN because we are AmeriCAN®.”

Sammartano is available for interviews regarding the pending litigation.

Contact:
Ballon Stoll Bader & Nadler P.C. NY
D.Yellen Phone 212-575-7900 Fax 212 764 5060
Peter Martin 917 470 9290 J. P. Sammartano (Sam) 386 441 9400
Deadline 386 405 4004 media(AT)americanchallenge.org

Here's are the feed URLs:
Twitter: http://twitter.com/americanch
You Tube: http://www.youtube.com/americanchallengeorg
Blog: http://myamericanchallenge.blogspot.com/
Facebook: http://www.facebook.com/pages/American-Challenge/96385904463?ref=ac1

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[Via Legal / Law]

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