brewing this week after a resort-ar-
ea retailer who applied for and re-
ceived a patent for the term over
three years ago last week filed a
civil suit against a Boardwalk brew
pub allegedly infringing on the regis-
tered mark.
ing and distributing various items of
clothing prominently featuring the
term Shorebilly. Teal Bay marketed
and sold Shorebilly items including
shirts, hats, sweatshirts and other
items of clothing over its Internet
website and also distributed the
merchandise to local retailers. The
brand was later expanded to include
stickers, decals, mugs, tote bags,
coolers, thermos bottles, key
chains, clocks and even ornaments.
Shorebilly with the U.S. Patent and
Trademark Office and the applica-
tion was approved in October 2011.
Teal Bay then continued to market
and distribute Shorebilly goods un-
der its officially registered trade-
mark. However, last fall it came to
Teal Bay Alliances' attention that
Southbound One Inc. and owner
Danny Robinson intended to open a
new brew pub on the Boardwalk op-
erating under the name Shorebilly
Brewing Co.
all summer with rave reviews.
Southbound One also filed an appli-
cation with the U.S. Patent and
Trademark Office for the trademark
Shorebilly, but was informed by the
federal agency the mark was al-
ready registered and its rights were
owned by Teal Bay. Nonetheless,
Southbound One moved forward
with the opening of the brew pub
deavor relating to the beer, brewery
and restaurant you hope to bring to
Ocean City, we believe that under-
taking will have to proceed under a
new mark. As already noted, we
hope that your future commercial
operation is successful, but my
client must take any necessary ac-
tion to protect the distinctive quality
of its own mark in the Patent and
Trademark Office."
ceeded with the opening of the
Shorebilly Brewing Co. even though
it knew Teal Bay Alliances owned
the trademark rights to the term
Shorebilly.
the defendant was fully and actually
aware of the plaintiff's use of the
Shorebilly mark in the Ocean City
community as well as the plaintiff's
ownership of the federal registration
for that mark," the complaint reads.
"Recklessly disregarding the plain-
tiff's known rights in the Shorebilly
mark, the defendant nevertheless
moved forward with its use of an in-
fringing name and mark in Ocean
City."
use of the mark Shorebilly Brewing
Co. in connection with the sale of
items of clothing is likely to cause
confusion over the origin of those
goods. Both parties' marks not only
use the identical and distinctive
term Shorebilly, but both are used in
connection with legally identical
products including various items of
clothing.
ing mark in connection with clothing
items was and is willful and inten-
tional, not only when it initially adop-
ted and began using that mark, but
its continued use following the plain-
tiff's protests," the complaint reads.
Shorebilly Brewing Co.
pub to consider a different name,
Teal Bay Alliances last week filed
suit in U.S. District Court against
Southbound One, alleging trade-
mark infringement and unfair com-
petition. The complaint urges the
court to issue a preliminary and per-
manent injunction enjoining South-
bound One and Shorebilly Brewing
Co. from using the trademarked
name for the restaurant and brew
pub and for any of its merchandise.
account for and pay over to Teal
Bay Alliances all profits it received
during its use of the trademark
Shorebilly, and given the intentional
and willful use of the trademark,
those monetary damages should be
tripled. The plaintiff is also seeking
punitive damages against Shore-
billy Brewing Co.
been scheduled for Wednesday
with all of the parties to begin work-
ing out a solution. That meeting was
canceled, however, and has been
rescheduled for next week. In the
meantime, the suit filed last week in
U.S. District Court is moving for-
ward with the typical machinations
of the court process.
tion last fall that Robinson and
Southbound One intended to open
the Boardwalk brew pub operating
under the name Shorebilly Brewing
Co. and its agents sent a letter to
Southbound One urging it to recon-
sider the use of the patented mark.
Shorebilly in connection with a new
bar and restaurant in Ocean City,"
the letter reads. "While my client
wishes nothing but success for your
cently received a ballistic
Reeves stretcher from Hardwire,
a Worcester County company
specializing in armor and surviv-
ability.
nual Maryland State Firemen's
Association Conference in June.
The stretcher, which has all the
same functionality and flexibility
as the current stretcher used on
all EMS units, also provides bal-
listic protection for the first re-
sponders. It was developed by
Hardwire with the collaborative
effort of the OCFD and Maryland
State Police First-Sergeant Keith
Runk.
this innovative product," said
Deputy Fire Chief Chuck Barton.
"This equipment is not only very
useful, but provides protection to
our staff as well."
posite-based armor products in-
cluding bulletproof shields, clip-
boards, whiteboards and back-
pack inserts which are being
widely used to protect police,
SWAT teams and, most recently,
schools.
hard work of our brave men and
women in the Ocean City Fire
Department," said Hardwire
CEO George Tunis. "The bullet-
proof stretcher donation is meant
to protect those that protect us."
this week began the next phase
in the Isabella Street drainage
improvement project, which will
alter traffic patterns in downtown
Salisbury for about three weeks.
one-block section of Isabella
Street. All traffic will be prohibit-
ed between Mill Street and Park
Ave. The round-the-clock detour
will remain in effect for three
weeks with a target ending date
of Aug. 22. The temporary road
closure will allow the contractor
to install both a new water main
and new storm drain along Is-
abella Street.
and Mill Streets through a de-
tour. Westbound traffic on Is-
abella will be directed to Route
50, or East Salisbury Parkway, to
Division Street, then return to
Mill Street. Motorists traveling
eastbound on Isabella will take
the same detour in the opposite
direction. SHA will use detour
signs, cones and barrels to guide
motorists through the work zone.