| International Shiloh Shepherd Registry,
Inc.,
and
Shiloh Shepherd Dog Club of America, Inc,
and
Tina M. Barber
Plaintiffs
v.
Shelley Watts
and
David Turkheimer
and
United States Shiloh Shepherd Dog Club
USSSC
and
United States Neapolitan Mastiff Club
Defendants
Settlement Agreement and Consent order
(filed Aug. 16, 1996 in the United States District Court District of New
Jersey)
------------------------------
Background Recitals
| A. |
At all times material
hereto, Barber has been a breeder of a particular type of dog,
derivative of the German Shepherd. The dog which Barber has bred, has a
specific set of unique characteristics of appearance, character, size,
proportion and the like. The dogs are bred to a detailed standard, a
copy of which is attached hereto as Exhibit “A” and made a part hereof.
[Please reference
Shiloh Shepherd Breed Standard] |
| B. |
The dog, if it passes all
of the specific breed characteristics and is accepted for registry in
the ISSR, may bear the trademark name Shiloh Shepherd™.
[Please reference ISSR
Rules and Regulations] |
| C. |
The name Shiloh
Shepherd™ has come to have been associated in the mind of the relevant
public with a dog bearing these unique and specific characteristics,
derived from pure bred dogs originally bred by Barber, and actively
registered with the ISSR.
[Please reference What is
a Shiloh Shepherd written by Tina M. Barber in 1990] |
| D.
|
ISSR is a dog registry
which, at present, registers only dogs meeting the unique and specific
characteristics and which meet the other criteria for registry in the
ISSR. [Please
reference ISSR reports] |
| E. |
SSDCA is a New York
corporation which is a dog club, operated by and for owners and lovers
of dogs who qualify as Shiloh Shepherd™ dogs.
[Please reference Shiloh
Shepherd Dog Club of America, Inc.] |
| |
..... |
| H. |
ISSR is the only registry
of Shiloh Shepherd™ dogs and ISSR™ is the only registry where Barber and
SSDCA will permit dogs to be registered under the tradename Shiloh
Shepherd™. |
| I. |
A Certificate of
Registration is issued by the ISSR only upon a dog owner’s submission of
satisfactory proof that the puppy or dog sought to be registered meets
all of the requirements to be deemed a pure bred Shiloh Shepherd™ dog,
including demonstrable lineage to a registered parent. |
| |
|
| |
|
…..
The parties now wish to settle and resolve
their mutual differences. …the parties hereto agree as follows:
| 1. |
Defendants acknowledge
that Shiloh Shepherd™ and International Shiloh Shepherd Registry, Inc. ™
are valid and protectable trademarks of which Barber and ISSR are the
rightful owners, respectively. Defendants affirm Plaintiffs’
trademark rights and agree that no future use or infringement of the
name or mark (nor colorable imitation or variation thereof) will be
made, irrespective of whether the mark(s) are accepted for registration
on the Register.
[emphasis added] |
| 2.
|
Defendants agree not to
begin or maintain a registry, club or organization that claims any
affiliation, origin or sponsorship with Shiloh Shepherd™ (as for
example, indicating in advertisements, correspondence, sales materials,
etc. that a Schaeferhunde or other breed “originates from” Shiloh
Shepherd™ dog), except as specifically permitted in paragraph 3 below. |
| 3. |
(a) Only dogs duly and
actively registered within the ISSR may be referred to as Shiloh
Shepherd™ dogs. Any dog which is not properly ISSR registered shall not
be referred to by Defendants verbally or in writing, as a Shiloh
Shepherd™ dog, or any variance or imitation of the name Shiloh
Shepherd™.
(b) The use of the word
“Shiloh” may only be used in Defendant’s registration, as proof of
lineage, if the name was originally established through AKC registration
as having come from Tina Barber’s Shiloh Shepherd Kennels, prior to the
formation of the ISSR. |
| 4. |
(a) Defendants hereby
represent, warrant and certify that they have not sold any dogs as
“Shiloh Shepherds”™
(b) Defendants agree
that they shall not in the future represent or advertise, directly or
indirectly, their dogs as "Shiloh Shepherds™" or any variation of the
said names bearing the name Shiloh. |
| 5. |
(a) All Defendants
shall immediately and permanently discontinue and refrain from use of
the name “Shiloh Shepherd™” and/or “Shiloh” and/or any colorable
imitation thereof. |
For the historical record, we have scanned
the full agreement for you to download.
Part I (4
mb)
Part II
Part III
Part IV
|
