News & Observer | newsobserver.com | Clothing company beats New York in trademark case

Published: Mar 29, 2007 12:00 AM
Modified: Mar 29, 2007 06:23 AM

Clothing company beats New York in trademark case

 

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It's OK for Raleigh resident Michael Stewart to love North Carolina.

The U.S. Patent and Trademark Office said so.

In the culmination of a nearly three-year battle, Stewart received word this month that he had won the case that the New York State Department of Economic Development had brought against him in the summer of 2004.

The conflict centered on T-shirts that Stewart's clothing company, Mosayk, was producing with an "I heart NC" logo.

The hearts on Stewart's shirts are Tar Heel blue and the font was different from the northern state's "I heart NY" brand, but New York officials contended that Stewart's logo infringed on theirs.

The 17-page decision handed down by the Patent and Trademark office ruled that New York did not prove there was a likelihood that the two logos would be confused and therefore could not bar Stewart's trademark.

"I felt like [Indianapolis Colts quarterback] Peyton Manning when he won the Super Bowl," Stewart said. "Not that I'm a Colts fan -- I'm a Carolina Panthers fan -- but it was just getting that monkey off your back."

Lawyer Lawrence Molnar, who represented New York, declined to comment on the ruling, and he refused to say whether New York will appeal the decision.

Stewart called the legal proceeding an "enlightening experience." It cost him about $2,000 in travel expenses.

Stewart did all of the legal work for the case himself, researching how to draft a legal document and writing more than 20 case filings himself.

"There were definitely times I wanted to give up," he said. "You miss one filing, and it's over. That's what they were hoping for. ... There were two or three times that they sent me 150 or 200 pages at once -- like here, join Oprah's book club."

Stewart drew inspiration from some of his favorite legal-themed TV shows, including "Boston Legal" and "The Practice."

"Those writers do their homework," he said. "They have to make sure the terminology is right. I just had to channel that."

While the case was being argued, Stewart started teaching classes on the apparel business at Wake Technical Community College. He also is writing a book about his experience.

Now that he has gotten the go-ahead to use the "I heart NC" logo, he has even bigger plans.

Stewart wants to make "I heart NC" a separate business from Mosayk, and he is starting a line of products that say "I heart NC because...". Each features a different reason to love the state, from the mountains to the Outer Banks.

Right now, "I heart NC" merchandise is only available online at mskstore.com, but Stewart hopes to have it in stores by the summer. "Now my business plan is at its full potential," he said. "This is only the beginning."

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