US District Court Enters Judgment Against 4EverGroup, Orders Fees & Costs Be Paid to WEVA
February 05, 2006
Tampa, FL - United States District Court Judge Steven D. Merryday, on Thursday, ordered that judgment for obstruction of discovery be entered against The 4EverGroup, Steve Wernick, Tim Ryan and their respective businesses. Each is a defendant in the complaint filed by the Wedding & Event Videographers Association International (WEVA) for deceptive and unfair business practices, the misappropriation of the Association's intellectual property and its physical property, including video gear and projection equipment, and for other claims.
Noting in Thursday's ruling that "obstruction of discovery is sanctionable behavior," Merryday ordered the Defendants to pay Court costs and attorney fees incurred by the Association in connection with its legal discovery. Signed by Merryday, the order has immediate effect meaning payment by the Defendants to WEVA is owed now. Thursday's order by Merryday follows an earlier ruling by the Court that denied the Defendants' motion to have the complaint dismissed, allowing all counts in the complaint to proceed forward to trial.
"It's unfortunate that the Association has had to go to court not once, but twice in order to seek return of the intellectual and physical property that belongs to the Association," said WEVA Director of Association Communications Dan Argenas.
"It's also disappointing," he said, "to see attempts being made to mischaracterize the situation by those who have never even taken time to contact our Association officials. This is not about competition - it's about unfair competition. It's about the misappropriation of intellectual property and physical property. And we know how the majority of our members feel because it's been our members who have complained bitterly when they have had intellectual property stolen, especially video clips and content stolen directly from their websites, or production equipment taken by a subcontractor and never returned. For professional videographers who are business owners, this matter is not hard to understand."
The complaint, filed over a year ago, states Ryan and Wernick misappropriated the Association's intellectual property including, trade secret information and confidential special events data, and used the Association's confidential data for personal gain.
Additionally, the complaint states an action against the Defendants for civil theft for conversion of the Association's physical property, including WEVA's video production and projection equipment, to the Defendants' personal use following their termination from WEVA.
The complaint states that upon termination, the Association demanded that Ryan and Wernick return all of the Association's property, including the video equipment and all other Association materials, including the WEVA Ethics Committee documents and materials, which Wernick had maintained as the former committee chairman of the WEVA Ethics Committee. The complaint states that despite the Association's demand, Ryan and Wernick have not returned all of the Association's property.
A second complaint from the Association was filed last June against the Defendants for Federal Trademark Infringement. The second complaint states that the Defendants have willfully infringed upon the Association's intellectual property rights intending to gain financial and promotional benefit.
The complaint stated 4EverGroup's use in commerce of the Association's "BATTLE OF THE VIDEOGRAPHERS" Mark without authorization, and in connection with the sale of its services, constitutes trademark infringement in violation of the federal Lanham Trademark Act.
The complaint stated the Defendants' additional use of the federal trademark registration symbol "®" when the Defendants do not own a trademark registration for "BATTLE OF THE VIDEOGRAPHERS," in which they do not own intellectual property rights, is a further deceptive and unfair tactic in violation of Florida's Deceptive and Unfair Trade Practices Act.
“It's a shame that WEVA’s repeated efforts to get the issues resolved without resorting to litigation, and even during the litigation, have been stonewalled," Argenas said. "Negotiations, by definition, require two parties. Unfortunately, the stonewalling of our efforts and the continued non-return of the Association's property have left no choice for the Association but to seek remedies through the courts."
Among other forms of relief, the two complaints state the Association is seeking permanent injunction against the defendants from using or accessing the Association's intellectual property. Both complaints were filed in United States District Court for the Middle District of Florida.
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