Park West Gallery Vindicated by Recent Court Order
$500,000 Judgment Against Park West Gallery Thrown Out by Judge.
PR9.NET August 30, 2010 - In a recent decision issued by the U.S. District Court of the Eastern District of Michigan, a $500,000 judgment entered against Park West Gallery for trademark infringement was vacated (Case No. 08-12247), and a new trial was ordered.
Last spring, Park West Gallery sued Fine Art Registry (FAR) for comments and videos posted online by its founder, Theresa Franks that contained defamatory statements. FAR counter-sued, claiming that Park West Gallery used its trademark without permission on a website in violation of the Lanham Act.
The jury found for FAR on the counter-claim for trademark infringement and awarded it $500,000 in damages. However, due to "egregious, frequent and ongoing misconduct" on the part of Franks and her counsel, the presiding judge, Judge Lawrence Zatkoff, threw out the verdict and ordered a new trial.
According to Rodger Young, lead counsel for Park West Gallery, "the Judge's decision overturning the verdict was the correct one. The FAR Defendants offered no evidence at trial to support such an award. As the Court accurately stated, the jury was unable to reach a fair verdict in light of the overwhelming misconduct on the part of FAR, Franks and her counsel."
"We are extremely pleased with the Judge's ruling and are optimistic about the upcoming trial," Young added.
Speaking of the Court's Opinion, Albert Scaglione, founder of Park West Gallery said: "We were not surprised that the Court threw out the improper, alleged trademark violation. Park West Gallery has never engaged in any inappropriate use of trademarks associated with any other company."
Along with vacating the trademark judgment, Judge Zatkoff also set aside the entire jury verdict on the allegations of defamation by the FAR Defendants. The Court has not yet determined the timing of the new trial.
For more information, visit www.parkwestgallery.com.
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About Park West Galleries
About Park West Gallery
Since its founding in 1969, Park West Gallery has brought fine artworks to more than 1.2 million clients around the world through its gallery locations in Michigan and Florida as well as art auctions on cruise ships and in major metropolitan areas. Park West Gallery’s mission is to create an educational, entertaining, and welcoming environment that ignites a passion for the arts and creates a collecting experience like no other company in the world. Park West Gallery supports a myriad of artistic talent, engages the widest array of audiences, and advocates genuine artistry while maintaining only the highest of professional standards. To inquire about purchasing artwork from the Park West Gallery Fine Art Collection, please visit http://firstname.lastname@example.org or call toll-free (800) 521-9654 ext. 4.
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