Shiloh Shepherd History Preservation Project

 

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

 

For more information, please reference:

The Shiloh Shepherd Breed Standard (copyright Tina M. Barber 1990)
What is a Shiloh Shepherd?

The International Shiloh Shepherd Registry
The ISSR Rules and Regulations
The Shiloh Shepherd Dog Club of America, Inc.
Shiloh Shepherd History

 

 
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Last modified: Monday January 02, 2012