Just up on the wires:

Judge won’t issue ban in Lizzie Borden trademark dispute
5:24 PM Thu, Sep 25, 2008 | Permalink
By Mike McKinney Email this author | Email this entry
BOSTON — A federal judge declined today to temporarily ban a Salem business from using a name similar to one trademarked by the owner of the home where Lizzie Borden allegedly used a hatchet to kill her wealthy father and stepmother more than a century ago.

Donald Woods of the Lizzie Borden Bed and Breakfast in Fall River, which is run out of the home, said a new museum and gift shop in nearby Salem has ignored repeated warnings that its name infringes on his “Lizzie Borden Museum” trademark.

Woods filed a lawsuit last month and asked for a temporary injunction against Leonard Pickel, who owns The True Story of the Lizzie Borden Gift Shop and Museum. The Salem business owns the domain name http://www.lizziebordenmuseum.com and an e-mail address with a similar name, LizzieBordenMuseum@gmail.com.

U.S. District Court Judge William Young ordered the two sides today to prepare for trial and said he may rule later on Wood’s plea for a temporary injunction. He did not immediately set a trial date.

Wood argues the new store could cause confusion over ties with his company and could harm the reputation his business has fought to cultivate over several years. But Pickel said Woods hasn’t marketed his bed and breakfast as a museum – effectively abandoning the trademark.

Pickel’s attorney, Douglas Otto, argues that Woods’ business is more likely to be confused with the Fall River Historical Society — a nonprofit that maintains the largest collection of artifacts relating to Borden’s life and trial and is located a short distance from the bed and breakfast.

Borden was acquitted of the 1892 slayings but was widely believed to be guilty. No one else was ever charged with the crime.

– The Associated Press

I read the court report as saying the trial is Monday. Perhaps it is, but I will check with the parties involved and let you all know one way or the other soon.

No not that Lizzie Borden. The Lizzie Borden who is suing the other Lizzie Borden. The Lizzie Borden B&B in Fall River against The True Story of Lizzie Borden in Salem.

HOT NEWS:

Case 1:08-cv-11341-WGY
Filed: 09/25/2008
Entered: 09/25/2008
Entered By: Bonnie Smith,
Event Name(s): Motion Hearing, Set Hearings
Full Docket Text:
Electronic Clerk’s Notes for proceedings held before Judge William G. Young: Motion Hearing held on 9/25/2008 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Lizzie Borden Bed & Breakfast, LLC, Parties request a jury trial. The Court collapses the motion for preliminary injunction with a trial on the merits. The case is on the Court’s RUNNING TRIAL LIST AS OF 9/29/08.( Jury Trial set for NO SOONER THAN 9/29/2008 09:00 AM in Courtroom 18 before Judge William G. Young.) Counsel are encouraged to cooperate with one another and keep in touch with the clerk re: session schedule. (Court Reporter: Womack.)(Attorneys present: Grimm, Otto) (Smith, Bonnie)

So the trial is on the 29th. With a jury! How cool!

Today at 2PM in courtroom 18 of the United States District Court in Boston, case #CA 08-11341— LIZZIE BORDEN V. PICKEL—MOTION FOR
PRELIMINARY INJUNCTION will be heard and decided.

The Lizzie Borden B&B/Museum in Fall River is suing The True Story of Lizzie Borden, Gift Shop and Museum in Salem for trademark infringement, claiming, among other things, that Salem has violated the trademark owned and registered by the Fall River establishment in connecting the word Museum to the business in Salem.

The case is a fascinating study in legal maneuvering and I have been closely reading the court documents as they are filed. TTSOLB has countersued TLBBB and yesterday submitted their answer to the affidavits filed earlier in the week by the B&B.

I think this one is going to be decided strictly by point of law and not by the sideshow that has become Lizzie Borden. It is interesting that all this bruhaha is benefiting both parties, no matter the outcome. With the AP covering the dispute as well as lengthy pieces appearing in the Boston Globe and USA today, it only stand to reason that each business is getting great national coverage and now anyone who reads the paper knows they exist.

I will report back the outcome of today’s proceeding when it is revealed. This isn’t the trial yet, just a hearing on a motion.