October 25, 2004


Ohio musician Jon Stainbrook has initiated litigation in the US Patent and Trademark Office against Elektra Entertainment recording artists STAIND based upon his trademark rights originating in 1980 for THE STAIN.  Stainbrook’s recordings have been featured on ESPN, Disney, FOX, and MTV and in commercials for Vision Street Wear, Mountain Dew, and Jose Cuervo.  The band STAIND has sold more than eight million albums and has twice topped the Billboard Album Charts. 

The parties’ dispute began in November 2003 when STAIND unsuccessfully sued Stainbrook in New York Federal Court.  Stainbrook responded by initiating the present litigation with the US Patent and Trademark Office requesting cancellation of STAIND’s trademarks.  Stainbrook alleges STAIND’s trademarks are invalid, because they were obtained by STAIND through fraudulent statements to the US Patent and Trademark Office.  If the cancellation proceeding is successful, STAIND could be required by a federal court to change the name of their band and discontinue distribution of all products labeled STAIND. Stainbrook has previously prevailed in two federal lawsuits relating to THE STAIN trademark.

For further information please contact:
Jon Stainbrook, 419-514-1509, jcstain@aol.com
Anthony DeGidio, Esq., 419-382-9590, tony@cyberlawyer.com


Stainbrook Petition to Cancel Staind Trademarks.

Stainbrook Answer with Counterclaims.

Stainbrook Exhibits to Answer.