WBAI/New York Host Gary Null Sues Pacifica Over Alleged Trademark Infringement
February 9, 2016 at 4:20 AM (PT)
Longtime PACIFICA Variety WBAI/NEW YORK health and nutrition show host GARY NULL is suing PACIFICA FOUNDATION and PACIFICA and WBAI management in federal court, alleging trademark infringement.
The suit, GARY NULL AND ASSOCIATES, INC. v. PACIFICA FOUNDATION, INC., BERTHOLD REIMERS, LYDIA BRAZON, JOHN GLADNEY PROFFITT, (PACIFICA Chair) MARGY WILKINSON, and MITCHELL COHEN, filed JANUARY 15th in U.S. District Court for the Eastern District of NEW YORK, alleges that "as part of a years long deterioration of leadership and loss of sense of mission" at the station, management has "engaged in acts evidencing callous disregard for the intellectual property and contractual rights of others and an equal disregard for the communities they are pledged to serve." NULL's specific complaint is that his name is a registered trademark and service mark, as are the titles of his books and CDs, and that WBAI has used his books and CDs as incentive premiums for donations over the last 39 years; he charges that over the last 10 years, the station has failed to send the items to donors or has made illegal duplications of the items and sent them out.
NULL is looking for statutory damages of $150,000 per infringement on each of direct, contributory, and vicarious infringement counts and other damages for breach of contract and fraud, plus attorney's fees and costs.