Atty. Jim Haggerty on the Edwardsville Pierogie Festival being sued by Whiting Pierogi Fest

Newsmaker Interviews
Tuesday, August 1st

Attorney Jim Haggerty talks to Rob Neyhard about the lawsuit against the Edwardsville Pierogi Festival by the Whiting Pierogi Fest and the Edwardsville festival filing a preemptive lawsuit against Whiting.

00:08:13

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

We have attorney Jim Hagerty calling from Kingston college Jim Hagerty. Are you are you one of the lawyers for the Edwards bill hometown Perl he's fast. I am I'm one of Leo volunteer lawyers. That wanted to step up and LP Edwards or hometown committee. A deal try to chamber of commerce and Indian. Wednesday I mean it beyond being ridiculous. What are your earth initial thoughts when this letter came. Well to do well the story is back in 2015. Be in this chamber of commerce and Whiting Indiana. What is there about thirty minutes from Chicago. Based sent a letter in 2015. Are threatening the prelude festival by an awards show. But didn't follow up on it what in June of this year. What are we struggle going on again there was another letter from them and may be out in Vienna chamber of commerce threatened to. We are sure to be a little protein is vegetable federal court. Over fuel we're using the name Brody festival. So there when we're competing with their Prodi festival and the problems could be the guy we're told how come committee which is a Global Volunteers in the community. Don't get any day now it would try to have a nice and federation money or some. So they can community purposes. My crew were let them get shoot in Indiana. That would have been a that would have been a real problem so we had to take the bull by the horns and we assumed. Are in Scranton first and so now the folks in Indiana are gonna have to come here restraining gunshots so good. We don't need to go to people were backed into a corner route because they either had too often. He told paid of all. I extortion money do you Indiana people. You everyday Freddie didn't get shoot in Indiana. And sell back into court Leonel people decided to fight. I have sought to understand and up and their festival I agree community and for a while and Bally. And we got toward together it was so we said this is good these people are at should it minded as he can get we wanna help on the we're doing a Pro Bowl form. And how shall we filed the lawsuit to try and none. The following yesterday and not occasional me. Will be here and in nub in northeastern Pennsylvania won't be in Indiana. What are those lawyers are Indiana expect. Saying that they wanted to Edwards bill to pay royalties. So I mean. Well that's that's the question and doing what one of these. Our blog shouted well you know everybody changed the name into the future you won't have a problem but that doesn't solve the problem on. It quite well past infringement that in 2014. 20152016. This year. Now when we when we called ourselves the total pro he's festival that we infringed shell so did change the name what they're gonna solve the problem. Because big socialist for what we did in the past all sit and the problem with what angle they pay royalties could be Indiana people is. You know one venture. Oh I'm well aware of our festival that was so naturally bigger than just gonna keep raising the price up so it would all doubt committee needs and I have to go to court to go to the federal court in shape that we're not infringing on the trademark in Indiana and important that robbed two banks. The trade marks for the triple bogey that the group of people now. But not the drug test eligibility Edwards know we trust the right does the right but. What are even you do there more. The second thing is that under trademark law you have to have this consumer confusion that people are confused about where their goods or services are coming off. And allowed the same there's no person on planet earth. It is going to confuse the awards a program that all went at her suburban Chicago pretty fast I I can't wait for the lawyers for the premiere of the Communist federal court Britain and don't federal judge in Scranton. That people are confused but he Brodie got the so that'll be a funny day. Dear lord. It's not one thing it's on Arthur. Help him wanna vote one of our listeners wanted to know if this means mrs. T test according to paint ball very well. And we need these folks in Indiana or pretty aggressive about their trademark popular sport now the benchmark roe V fashionable. And the folks in desperate they've tried to trade markets were thoroughly trashed. And the Indiana people objectives in the trademark processed. And sold to desperate proview first trade mart was denied. We wanted to preserve police fashionable more. Also the Indiana people they have about guy dressed up as a pro beat and we won those network built so what days they tried to trademark the name mister Prodi. Often their character. If you had ended up a tree company in Brooklyn called mister Prodi and mr. Prodi objected to that and so. All of these people didn't get a trademark through their mr. Prodi character. But the beauty of these Indiana folks are our our litigious and aggressive. And spend overbearing and then they're trying to bully. Sound that would polish archer. When I got together with you drug war is dominant serve boy you're working with dishonest. Well we know we've decided take a bump up pretty aggressive. Stand pertinent and don't and file a lawsuit first. And I think the Indiana people were expecting that they're on their heels. They even called there eight. All reporters have been calling them for a big ball would channel sixteen contact the day of my groove and Kim who's Associated Press went to Pennsylvania. The contacted them and there are they're very defensive about what they've done all I thought I thought we are a Musab. Broadcast and the body channel in Chicago. Well yeah local reporters an error in the anchors can't believe. All that Whiting Indiana guy is complaining about I was a councilman. So the next move is apparently. The the Indiana people are going to be in court it here in Scranton that's the next move right. Well the Indiana people we'll have thirty variation to all while something in scoring had. And they're really they're saying they're really in trouble here rob because. And again they can't prove that there's any confusion so. I don't I don't wanna be the word come and emerged from Orange red numbers now but the Indiana. Chamber of commerce. Don't judge says she present your evidence that was consumer confusion I mean what are you gonna do. But hours going to be in a bad spot. They can't crystal ball big and we've also I don't know initial report point to show everybody else. He basically end of this chamber of commerce and waiting in the end it just certain. Threatening letter to the bogey festival that was. Sent a letter to the sponsors who truly trust all I really enjoy the agenda this sponsors could be held liable to eat all. All of that anybody to have the letter. There the complaint you'll see the cease CA CC. It sent a letter UGI think community bank to Jack auto paint and Emmanuel Baptist church and they threaten these sponsors. Multiple lawsuits themselves. And that sort of the last straw proved to be a little old subcommittee. And then suddenly we've sued them not just for a declaration that we're right in the right. Well there were not violated Trimarche we've also used to the money damages for your firm with our sponsors and super turned streets. So they're about they've got a tiger by the elbow. Excellent excellent I guess that's the story is gonna continue Jim I appreciate you joining us you straighten us all out. I've had a real good argued yesterday eap donor article on this but my understanding today the guardian the Washington Post I think we're gonna. Chase a national attention unless and I think people would hear about it. On our side. I. The public good day and thanks for joining us.
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