A.B.C. Carpet Co., Inc., et al. v Mehdi Naeini

A.B.C. Carpet Co., Inc., et al. v Mehdi Naeini
Case No. 00-CV-4882 (FB), 2002 U.S. Dist. Lexis 1129 (E.D.N.Y., January 22, 2002)
Court denies plaintiffs' motion for summary judgment, seeking to hold defendant liable for trademark infringement, as well as for violations of the Federal Trademark Dilution Act and the Anticybersquatting Consumer Protection Act ("ACPA"), as a result of defendant's use of plaintiffs' trademark "ABC Carpet and Home" in a domain name. Court holds that issues of fact preclude it from determining whether defendant acted in bad faith in selecting this domain name, given that he had been doing business under the name "American Basic Craft Carpet and Home Restoration" since 1980, and claimed to have adopted the domain name at issue, "ABcarpetandhome.net", because it was an abbreviation of his business name. This issue of fact precluded the court from granting summary judgment on plaintiffs' ACPA claim, which requires, among other things, a finding that defendant used the mark at issue in bad faith. This issue of fact also led the Court to deny summary judgment on plaintiffs' infringement claim. The court denied plaintiffs' motion with respect to their dilution claim on the ground that issues of fact existed as to whether plaintiffs' mark was famous.

Plaintiffs have used the marks "ABC" and "ABC Carpet" in connection with their operation of retail stores offering carpets, rugs and other merchandise since 1961. Plaintiffs have used the mark "ABC Carpet and Home" since 1992, and registered the marks "ABC" and "ABC Carpet and Home" in 1998.

Defendant Mehdi Naeini has operated a business under the name "American Basic Craft Carpet and Home Restoration" since 1980. This business offers carpets and carpet cleaning services to the public. In 1998, Naeini registered the domain name "ABCcarpetandhome.net" for use in connection with this business. At the time he registered this domain name, he was aware of plaintiffs' prior use of the marks in question.

Plaintiffs commenced this suit, charging that defendant's conduct infringed plaintiffs' trademarks in violations of the Lanham Act and diluted their marks in violation of the Federal Trademark Dilution Act. Plaintiffs also claimed that defendant had registered the domain name at issue in bad faith in violation of the Anticybersquatting Consumer Protection Act ("ACPA").

The Court denied plaintiffs' motion for summary judgment, holding that issues of fact precluded it from resolving the parties' disputes at this time. To prevail on a trademark infringement claim, a plaintiff must show that its mark is protectable, and that defendant's use of this mark is likely to cause consumer confusion. In analyzing whether use of a mark will cause such confusion, courts in the Second Circuit examine the following eight factors:

(1) the strength of plaintiff's marks;
(2) the similarity of the parties' marks;
(3) the proximity of the parties' products or services in the marketplace;
(4) the likelihood that the plaintiff will bridge the gap between the products or services;
(5) actual confusion;
(6) the defendant's intent in adopting the mark;
(7) the quality of the defendant's product; and
(8) the sophistication of the relevant consumer group.

The court found that each of the first four factors enumerated above favored the plaintiffs. Thus, the court found that ABC's mark was arbitrary, and hence strong, that defendant had used a mark identical to plaintiffs', and that plaintiffs and defendant were competitors offering carpet-related sales and services. Nonetheless, the court denied plaintiffs' motion, finding that issues of fact precluded it from determining whether defendant had acted in good faith when selecting the domain name at issue. At this stage in the proceedings, the court was unwilling to find that defendant had acted in bad faith, given his claim that he had adopted the domain name at issue, "abccarpetandhome.net", as an abbreviation of the name under which he had been doing business since 1980 "American Basic Craft Carpet and Home Restoration." The court's decision is silent as to whether defendant had ever previously used this abbreviation in his business. It is also silent as to why defendant elected to use a "net" top level domain in lieu of a "com" top level domain.

For similar reasons, the court denied plaintiffs' motion for summary judgment on its ACPA claim. To establish an ACPA claim, the plaintiff must establish that defendant acted in bad faith, a finding the court was not prepared to make at this stage of the proceedings.

Lastly, the court denied plaintiffs summary judgment on their Federal Trademark Dilution Claim. To establish such a claim, the trademark holder must establish that its mark is famous, a burden the court held that plaintiffs failed to meet on the evidence before it. Said the court:

The Second Circuit has held that under the FTDA marks qualify as "famous" only if they carry "a substantial degree of fame," approaching the level of fame enjoyed by "household" names such as "Dupont, Buick, or Kodak . . . ." TCPIP, 244 F.3d at 99. Here the Court concludes that ABC's submissions fail to establish that there is no material fact as to whether its marks are "famous" under the FTDA. ABC has not established the type of national, "household" name recognition required by the FTDA, and its sales and advertising expenditures are lower than those of other companies whose marks were found insufficiently famous.

Importantly, the court reached this conclusion despite the plaintiffs' claims that they had spent $15 million advertising their marks between 1993 and 1998, during which period they sold over $550 million dollars worth of goods and services.


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Embassy of Armenia Salutes James Mark Keshishian

PRESS RELEASE
January 13, 2004

Embassy of the Republic of Armenia
2225 R Street, NW, Washington , DC, 20008
Tel: 202-319-1976, x. 348; Fax: 202-319-2982
Email: armpr@speakeasy.net ; Web: www.armeniaemb.org
Embassy Hosts Christmas Open House, Concert by Zulal Trio

On January 9, 2004, the Embassy of Armenia hosted the traditional Christmas Open House reception for the Armenian American community of Greater Washington area that featured a concert by the Zulal trio. Before the concert, Armenian Ambassador to the U.S. , Dr. Arman Kirakossian spoke briefly on Armenia 's achievements and challenges in 2003, emphasizing the need for continued economic, political, humanitarian, and commercial cooperation between the Diaspora and Homeland to sustain the high economic growth and help address the social needs of the vulnerable people in Armenia . Ambassador Kirakossian also presented his vision for the U.S.-Armenian bilateral relations and cooperation in 2004.

The Armenian Ambassador then presented a moving tribute to the recently deceased Armenian-American enterprenuer, benefactor, community activist, and author James Mark Keshishian who has helped the Armenian Embassy, promoted better understanding of Armenian culture in his capacity as President of the Armenian Rugs Society, and supported political candidates defending issues of interest to Armenia and the Armenian people.

The reception featured a recital by the New York-based Zulal trio, which presented a beautiful a capella rendition of traditional Armenian folk songs. Zulal singers Anais Tekerian, Yeraz Markarian, and Teni Apelian who formed the trio in 2003 have already performed successfully before Armenian and non-Armenian audiences in the United States .

The reception was attended by members of the Armenian-American community, including members of the late James M. Keshishian's family, distinguished visitors from Armenia , and State Department and USAID officials, including Chief Economic Adviser to the President, Vahram Nercissiantz , U.S. Ambassador to Armenia John Ordway, and USAID Mission Chief in Armenia Keith Simmons.

TimesDispatch.com | DECISION MAKERS - Howard New

TimesDispatch.com | DECISION MAKERS: "DECISION MAKERS

Richmond Times-Dispatch Apr 24, 2006

Murray Howard
Howard New position: director of historic architecture, Commonwealth Architects Previous position: curator and architect, Academical Village, the University of Virginia Birthplace: Talladega, Ala. Education: bachelor's degree in architecture, Auburn University; master's degree in architecture and doctorate in history of art and architecture, the University of Illinois at Urbana-Champaign. Career: principal, Disegno, Charlottesville; adjunct professor of architecture, U.Va. Best career move: "Leaping into the unknown on several occasions, finding the surest path to growth in ways I had not imagined." Career goals: "Finding creative outlets in my work until the last day of life." The best advice he ever received: "Treat others as you would like to be treated." His parents Career tip for students: "Fill your life with variety in order to understand how the rest of the world thinks. Work or study abroad whenever the chance arises." What motivates him? "Treating life as a banquet for everyone to enjoy." Role model: "The individual who believes that bringing out the best in another person may be one's highest calling." Pastimes: Study of Oriental rugs and reading, usually biographical and historical works. The most memorable book: "The Razor's Edge" by W. Somerset Maugham Favorite food: French lemon tart at Fleurie in Charlottesville Ideal vacation: Spending April or October anywhere in Italy"

Iran Daily - Ilam Handmade Kelims Unique - 04/08/06

Iran Daily - Panorama - 04/08/06: "Ilam Handmade Kelims Unique

Fine hand-woven Kelims have always been precious souvenirs which tourists can take home from the western Ilam province, IRNA reported.
Ilami artisans have always been famous for skillfully weaving austere Kelims.
In 1987, a Kelim artist from Zanjireh village in Shirvan-Chardavol city, named Sahar Chelangar, designed a new weaving style. She crafted Kelims inspired by designs of Persian rugs.
As evidenced by studies, the Kelim designs are much similar to rugs woven in ancient China.
A handicraft expert in Ilam, Hamid Bakhtiari, believes that the newly-designed Kelims are like a valuable gem among other provincial handiworks.
He is of the opinion that the handicraft has the potential to secure a foothold in overseas markets, provided there is official support.
Bakhtiari said Ilam’s colorful and finely-designed Kelims serve as nice souvenirs.
The expert insisted that Kelims woven by Ilami artists are of high quality and are as valuable as handmade Persian rugs from an aesthetic perspective.
He stated that foreign merchants are keen on purchasing Ilami Kelims.
Bakhtiari reiterated that Kelim-weaving could become a lucrative source of revenue for the western province, provided there is adequate sponsorship."

Iran Daily - 2006 World Cup Carpet Woven - 04/13/06

2006 World Cup Carpet Woven

A great Persian Tabriz Rug

The carpet themed 2006 Football World Cup, measuring 2 meters by 2.5 meters, has over two million Turkish knots and 120 colors. (IRNA Photo)

TABRIZ, East Azarbaijan, April 12--An embossed carpet on the theme of 2006 Football World Cup was woven by a talented Tabrizi carpet weaver, Hossein Kazemi Hamed, IRNA reported on Wednesday.
Kazemi, who has previously woven special carpets for the 1998 World Cup (held in France) and 2002 World Cup (jointly held by Japan and South Korea), said that his main incentive in weaving the new carpet was his personal desire to continue the previous trend.
The carpet, measuring 2 meters by 2.5 meters, has over two million Turkish knots and 120 colors.
Kazemi, who also designed the carpet, noted that the preliminary work and design took over six months.
He said that the flags of 32 countries competing in the 2006 Football World Cup are on the right and left sides of the carpet.
“Images of the World Cup, FIFA Chief Sepp Blatter, the person in charge of the international event, Franz Beckenbauer, Berlin Stadium (the venue for the inaugural game) and also Brandano Gate are embossed on the carpet,“ he said.
The weaver further said the flags of Germany and Iran as well as the symbols of the 2006 Football World Cup and FIFA have been woven on the upper right and left corners of the carpet.
Kazemi concluded by saying that the carpet will be taken to Germany before the start of the international sports event"

Iran Daily - Rasht Bazaar - 04/26/06

Iran Daily - Panorama - 04/26/06: "Sightseeing

Rasht Bazaar

Rasht is known for its unique cuisine, particularly its seafood and traditional rustic lifestyle. This can be best observed during the day in its open air bazaar, with its many small food stores and vendors from surrounding villages offering fresh produce, eggs, live chickens and ducks, olives, fish... and shoppers busy bargaining in the packed alleys of the baazar and adjacent streets.
The uncovered bazaar is bounded by Imam Khomeini and Shariati streets. Little of any great antiquity remains, since most of the bazaar was burned by the Bolsheviks in 1920. If you are looking for caviar, persistent but discreet inquiries at the bazaar may be rewarded. Iranians believe that this is the best place to buy it. Prices here should be a little lower than in Tehran."

See my Persian Rugs: Notes on Resht Textiles

Iran Daily - Persian Rugs Will Adorn Oman Palaces 04/11/06

Iran Daily - Domestic Economy - 04/11/06: "Persian Rugs Will Adorn Oman Palaces


Iran exported $370 million worth of fine rugs and carpets during March 2005-January 2006.

TEHRAN, April 10--Palaces in the Persian Gulf Sultanate of Oman will be adorned with fine Persian rugs, said a carpet industry official here on Monday.
Seyyed Jalaleddin Bassam, who heads the Carpet Joint Stock Company, told Fars news agency that the company has received orders for weaving nine rugs for Omani palaces.
He said the contract is worth $440,000 for the 250 square meters of fine hand woven carpets.
The contract has been signed officially with the government in Muscat.
“Some 45 weavers will work on the project and the carpets will be woven in the northwestern city of Tabriz,“ where the finest Persian rugs are produced.
He said the company has launched an international marketing campaign for promoting its works, stressing that Oman is one of the traditional customers of Iranian rugs.
Iran exported $370.5 million worth of fine rugs and carpets during March 2005-January 2006.
Some 67 percent of the consignments went to Germany, the United States, the United Arab Emirates, Italy and Japan.
Germany imported $89.6 million worth of carpets from Iran in the period, exports to the US reached $67.2 million while the figures for UAE, Italy and Japan stood at $34.3 million, $33.1 million and $24 million, respectively.
Iran exported a total of $248 million worth of rugs to the five countries. The figure was 10 percent higher compared to the same period in the previous year."