Letter from OKC
JAECKLE FLEISCHMANN & MUGEL, LLP
ATTORNEYS AT LAW
12 FOUNTAIN PLAZA BUFFALO, NEW YORK 14202-2292
TEL 716.856.0600 FAX 716.856.0432
MITCHELL J. BANAS, JR. Direct Dial: 716.843.3803
Partner E-mail: mbanas@jaeckle.com
May 20, 2008
Via Facsimile #703-759-9198 and First Class Mail
Michaela M. Barry, PC. 800 Nethercliffe Hall Road Great Falls, VA 22066
Re: Ontario Knife Company/Randall's Adventure and Training
Dear Ms. Barry:
Our client the Ontario Knife Company ("OKC") has asked us to respond to your
April 30, 2008 telefax to it on behalf of Randall's Adventure and Training ("Randall's"),
which was not received in its entirety until May 14, 2008.
OKC has sent directly to Randall's under separate cover checks and reports in cure of
your claimed breach of the parties' April 4, 2002 agreement insofar as royalties are
concerned. 1 note, however, that the April 2002 contract provides only that royalties
bear a specified carrying charge when not paid by a certain date, which charge OKC has
always paid when applicable (including now); accordingly, OKC has never been in default
under the agreement.
Insofar as you contend that OKC's trademark applications are likewise a breach of the
parties' agreement that needs to be cured, OKC similarly sees things quite differently.
Even setting aside any conflicting claims of ownership of the subject marks, the parties'
agreement does not expressly speak to the subjects of trademark ownership or
applications — a point your April 30 letter seems to acknowledge. Accordingly,
OKC's trademark applications cannot possibly be in breach of the parties' contract,
and there is thus nothing to "cure" in that respect.
Finally, and as you are no doubt aware, Randall's has been participating in
a rather active campaign on the internet and otherwise disparaging OKC, its
products, and its personnel. This has included claims that OKC has sold "pirated"
and "counterfeit" goods, inarguably defamatory statements which must stop. Your
client has also disabled OKC's website www.ontariorat.com, the development cost
of which OKC paid your client in full. Such has
Michaela M. Barry, PC May 20, 2008
Page 2
caused confusion in the marketplace and damaged OKC, both of which we expect to
be remedied. Again, we must insist that Randall's refrain from engaging in this
sort of conduct, even if only to avoid the obvious obstacle such trade defamation
and other unfair competition presents to a long-term resolution of whatever issues
may be in dispute as between the parties.
Please contact me should you wish to discuss our clients' respective positions on
all disputed issues. Otherwise, this letter and OKC's transmittals to Randall's are,
of course, without waiver of or prejudice to, but rather with a full reservation of,
OKC's rights in the matter.
Thank you.
Very truly yours,
JAECKLE FLEISCHMANN & MUGEL, LLP
MJB/kls
cc: Ontario Knife Company
Attn: Nicholas Trbovich, Jr.
861254
Who?
Ontario Knife Company
P.O. Box 145
Franklinvill, NY 14737
(800) 222-5233
CEO Nick Trbovich Jr's extention is 112
nicktrb2@aol.com
Parent Company of Ontario Knife Co.
Servotronics, Inc - SVT1110 Maple Rd, Elma, NY, 14059
US. TEL: 716-655-5990.
What?
Boycotting all products produced by Ontario Knife Company to include:
- Ontario Knives
- Spec Plus
- Queen
- Old Hickory
- Randals Adventure and Training Knives ( Not to be confused with RAT Cutlery!)
- Freedom Fighter
- Ranger Knives ← Recently acquired by OKC
When?
From right now (Sunday, March 15, 2008) until such time as Ontario Knife Company reverses it's bullish activities.
Where?
Anywhere Ontario Knife Company products are sold.
Why?
We are organizing this boycott to show companies that there will be consequences for trying to bully smaller companies into submission. Ontario Knife Company has deep pockets, and feels that they can outlawyer RAT into compliance. While they might have home turf advantage in the legal ring, we have the upper hand online.
Ontario applied for trademarks on names used for many years by Randall's Adventure & Training (ART) and demonstratably used in commerce by RAT long before Ontario Knife Company built RAT knives. See these links for more info:
These applications were applied for 10 months after the contract between Ontario and RAT had expired. After Nick Trbovich Jr. (President of Ontario) was called and asked about these trademark applications, he advised RAT that they would be getting a letter from Ontario's attorneys to force RAT to quit using the name "RAT" and to quit building "similar" knives as Ontario. As of 03/24/08, RAT has still not received any communication from Ontario Knife Company attorneys.
Ontario has been sent notice to cease and desist manufacturing any knife design owned by Randall's Adventure & Training (RAT). This includes, but not limited to, the RTAK, RTAK II, TAK, RAT-3, RAT-5, RAT-7, Model 1 Folder, and any limited edition models. RAT has also sent notice to Ontario Knife to cease and desist using RAT's name, likeness, logos, etc, on any item they produce or any advertising, catalog, etc. Randall's Adventure & Training / RAT Cutlery has retained two attorneys (one local attorney and an IP attorney from the Washington DC area) to make sure the best interests of Randall's Adventure and Training (RAT) and RAT Cutlery are seen to.
The Intellectual Property law firm representing Ontario is JAECKLE FLEISCHMANN & MUGEL, LLP. http://www.jaeckle.com/Home/PracticeGroups/IntellectualProperty The law firm's associate, Katherine H. McGuire, applied for trademarks on behalf of Ontario Knife Company. These names have proven and known prior commerce by Randall's Adventure & Training (RAT). This attempt to trademark property owned by someone else is considered fraud against the US Patents and Trademark Office and is being investigated.
