Jon Stainbrook's side of the Staind lawsuit

STAIND vs. STAINBROOK
Although STAIND was not successful in their first federal lawsuit in New York against Ohio musician Jon Stainbrook, they have filed yet another lawsuit against him in Ohio. The lawsuit in Ohio is in response to Stainbrook's petition filed with the US Patent and Trademark Office (USPTO) requesting cancellation of STAIND's trademarks.
Stainbrook alleges STAIND's trademarks are invalid, because they were obtained by STAIND through fraudulent statements to the USPTO. STAIND has admitted the statements made in their registration of STAIND with the USPTO were not accurate and claims they are 'a harmless typographical or ministerial error' and an 'inadvertent error'.
Another 'inadvertent error' STAIND fails to mention in their lawsuit against Stainbrook is the mistaken registration of a band called Stain from Cincinnati, Ohio instead of their intended registrant, Stainbrook's band, the STAIN, of Toledo, Ohio.
Regardless of their excuses, the USPTO considers it fraud if the applicant knowingly submits false information in the procurement of the mark and the USPTO can cancel the mark on those grounds alone.

If it is decided their trademarks were obtained through fraudulent statements to the USPTO, 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 and is confident his winning streak will continue.

For further information, please contact:
Jon Stainbrook, 419-514-1509, [email protected]
Anthony DeGidio, Esq., 419-382-9590, [email protected]

For supporting documents, please see:
https://www.cyberlawyer.com/stain.html