thedrifter
06-18-08, 08:25 AM
Sued charity for wounded vets changes name
By Timberly Ross - The Associated Press
Posted : Wednesday Jun 18, 2008 6:40:28 EDT
OMAHA, Neb. — An Omaha-based charity being sued over rights to its name has begun operating under an altered moniker.
Wounded Warriors Inc. founder John Folsom, a colonel in the Marine Corps Reserve, said Tuesday that his group has been using the name Wounded Warriors Family Support on its Web site but retains its corporate name.
“It does better describe our mission,” Folsom said of the voluntary change. The nonprofit provides vacations to injured veterans and their families.
However, Folsom said he didn’t think the distinction would solve the group’s legal woes.
A lawsuit filed in September by Jacksonville, Fla.-based Wounded Warrior Project Inc. said Wounded Warriors Inc. has “capitalized on the confusion” created by their similar names.
Wounded Warrior Project, which also goes by WWP Inc., registered trademarks on its name and logo in September 2005, which prevents their use by other groups. It is seeking more than $75,000 in damages for copyright infringement.
Wounded Warriors Inc. has said in court filings that the other group’s “alleged trademarks are invalid and unenforceable.”
According to court documents, Wounded Warrior Project was founded in July 2003 to raise money to help injured soldiers. Its activities include making and distributing backpacks filled with clothing, toiletries and recreational items such as playing cards and CD players.
Wounded Warriors Inc., which Folsom has said began in March 2003 to raise money to buy a TV for injured U.S. soldiers at Landstuhl Regional Medical Center in Germany, evolved to offer vacations to injured veterans and their families. The organization owns condos in Orlando, Fla., and Galveston, Texas, and has bought land in Crawford, Neb., to build a retreat.
Both groups are registered as nonprofit organizations.
Wounded Warrior Project has also asked for an injunction stopping Wounded Warriors Inc. from using its name and likeness, which would shut down the Wounded Warriors’ Web site, http://www.woundedwarriors.org. A judge is expected rule on that motion soon.
Folsom, who’s preparing for an eight-month deployment to Iraq, said Tuesday that he hoped the lawsuit would be dropped but was doubtful.
“I think they covet that name,” he said, adding that he thinks the other group wants the rights to his group’s Internet address.
Errol Copilevitz, outside counsel for Wounded Warrior Project, said Tuesday that Wounded Warriors Inc. needs to make more of a name distinction to prevent confusion.
“We don’t want people that think they are supporting our organization to send him money,” he said.
Wounded Warriors Inc. has dropped a counterclaim accusing Wounded Warrior Project of withholding $40,000 in donations intended for its group that were mistakenly sent to Wounded Warrior Project.
Folsom said Tuesday that the claim was based on misinformation and that he has sent a letter of apology to the other group.
Ellie
By Timberly Ross - The Associated Press
Posted : Wednesday Jun 18, 2008 6:40:28 EDT
OMAHA, Neb. — An Omaha-based charity being sued over rights to its name has begun operating under an altered moniker.
Wounded Warriors Inc. founder John Folsom, a colonel in the Marine Corps Reserve, said Tuesday that his group has been using the name Wounded Warriors Family Support on its Web site but retains its corporate name.
“It does better describe our mission,” Folsom said of the voluntary change. The nonprofit provides vacations to injured veterans and their families.
However, Folsom said he didn’t think the distinction would solve the group’s legal woes.
A lawsuit filed in September by Jacksonville, Fla.-based Wounded Warrior Project Inc. said Wounded Warriors Inc. has “capitalized on the confusion” created by their similar names.
Wounded Warrior Project, which also goes by WWP Inc., registered trademarks on its name and logo in September 2005, which prevents their use by other groups. It is seeking more than $75,000 in damages for copyright infringement.
Wounded Warriors Inc. has said in court filings that the other group’s “alleged trademarks are invalid and unenforceable.”
According to court documents, Wounded Warrior Project was founded in July 2003 to raise money to help injured soldiers. Its activities include making and distributing backpacks filled with clothing, toiletries and recreational items such as playing cards and CD players.
Wounded Warriors Inc., which Folsom has said began in March 2003 to raise money to buy a TV for injured U.S. soldiers at Landstuhl Regional Medical Center in Germany, evolved to offer vacations to injured veterans and their families. The organization owns condos in Orlando, Fla., and Galveston, Texas, and has bought land in Crawford, Neb., to build a retreat.
Both groups are registered as nonprofit organizations.
Wounded Warrior Project has also asked for an injunction stopping Wounded Warriors Inc. from using its name and likeness, which would shut down the Wounded Warriors’ Web site, http://www.woundedwarriors.org. A judge is expected rule on that motion soon.
Folsom, who’s preparing for an eight-month deployment to Iraq, said Tuesday that he hoped the lawsuit would be dropped but was doubtful.
“I think they covet that name,” he said, adding that he thinks the other group wants the rights to his group’s Internet address.
Errol Copilevitz, outside counsel for Wounded Warrior Project, said Tuesday that Wounded Warriors Inc. needs to make more of a name distinction to prevent confusion.
“We don’t want people that think they are supporting our organization to send him money,” he said.
Wounded Warriors Inc. has dropped a counterclaim accusing Wounded Warrior Project of withholding $40,000 in donations intended for its group that were mistakenly sent to Wounded Warrior Project.
Folsom said Tuesday that the claim was based on misinformation and that he has sent a letter of apology to the other group.
Ellie