embarq mail

Imitation isn't always the most sincere form of flattery.

Las Vegas is experiencing a surge in trademark and copyright infringement cases as companies fight to keep their intellectual property safe, local attorneys say. The Blue Man Group, the World Market Center and Embarq are all embroiled in lawsuits over logos, likenesses and naming rights.

In two of the latest trademark fights, the Blue Man Group Inc. is suing the people involved in what the group alleges was a similar show, while telecom firm Embarq has filed a complaint against Nevada Telephone Co. and its officials over the use of its moniker and logo.

MIKE STOTTS | BUSINESS PRESS
Nevada Telephone Co. removed a sign bearing the name "Embarq Marketing Division" after it was sued by Embarq Holdings in a trademark lawsuit alleging the local telephone company was infringing on the larger company's trademark rights.

GARY THOMPSON | REVIEW-JOURNAL
The downtown World Market Center is embroiled in a trademark infringement lawsuit filed by Cost Plus World Market. Cost Plus claims the furniture mart?s name and logo has resulted in damages to the speciality retailer, which also sells furniture.

"It has increased, absolutely yes," David LeGrand, a local intellectual property attorney, said about trademark litigation. "That is because Las Vegas has grown from a casino gambling environment to an entertainment megacity."

Las Vegas has more than its share of trademarks and copyright suits for a "city its size," LeGrand noted. "It is because of all the entertainment activities, restaurants and franchises that have opened up."

The Embarq Holding Co. LLC filed a lawsuit Oct. 29 in U.S. District Court against Nevada Utilities Inc. which does business as Nevada Telephone Co., and its manager Robert Jankovics. The federal lawsuit alleges that "a large sign bearing the name "Embarq Marketing Division" is located on the building" owned by Jankovics. The building also houses Nevada Telephone.

The complaint says that "above the sign on Jankovics' building is an airplane logo, which is confusingly similar to plaintiff's jet logo. The close proximity of this sign to a sign for Nevada Telephone, further compounds the confusion resulting from the defendant's sign."

Jankovics, who manages Nevada Telephone, said he has recently complied with Embarq's demands and removed the sign and logo, but he denies he infringed on Embarq's trademark and logo.

"There are 260 companies in the United States called Embarq, prior to Sprint becoming Embarq, so wherever they got the name, they didn't invent it," he said.

Nor did the telecom company do a good job of guarding it, Jankovics added. He claims Embarq failed to protect the name in Nevada. He said he was trying to help the company out by buying up the Embarq Central Telephone Co. name.

"I offered to sell it to them for a dollar," he said.

Embarq turned down his offer, Jankovics claims, so he found an out-of-the-country buyer who was already operating under the Embarq Marketing Associates name. The company sells "sexually oriented material," he said. Jankovics remained the buyer's registered agent.

The purchaser rented space from the previous owner of the Nevada Telephone building. Jankovics said he also let the tenant keep the sign up -- until the lawsuit, that is.

"The sign is gone and Embarq is dropping the suit," Jankovics said.

Embarq wouldn't comment on Jankovics' claims.

"We are not at liberty to discuss the case," Vicki Soares, Embarq's spokeswoman, said in an e-mail. "However, we aggressively work to protect our brand."

Jankovics might have a good defense if Embarq did indeed fail to take proper steps to protect its trademark. The differing nature of the business using the "Embarq Marketing Associates" name -- from adult materials to telecommunications -- also could strengthen Nevada Telephone's side of the case, LeGrand said. Trademarks are issued by categories, such as certain goods and services.

More recently, Blue Man Productions Inc. filed a federal lawsuit against locally owned Uptowne Productions, Kraft-E Events, D-Zign Events and Uptowne officer and Kraft-E manager Larry Ladd -- also known as Larry Vladetic. The lawsuit alleges that the defendants "produced a live theatrical show that incorporated the character and other original intellectual property of BMPI ... and BMPI demanded that they stop" last April. The lawsuit says Uptowne and the other defendants continued to produce the show.

Ladd denies the claims, saying he runs only a "booking agency," which booked one show before receiving a warning letter. "For me to continue doing that in the market after a cease-and desist letter, I'd have to be a complete moron," he said.

The Blue Man Group's attorneys declined to comment on the Nov. 29 filing.

As the new trademark complaints mount, the Cost Plus World Market's lawsuit against organizers of the World Market Center continues. The lawsuit, filed in U.S. District Court in February, claims the furniture mart's use of the "world market" name and logo has resulted in damage to Cost Plus.

"(Cost Plus) has suffered and will continue to suffer damage to its business, reputation and goodwill," the federal lawsuit says.

Attorneys for Cost Plus maintained the lawsuit was necessary. "World Market" has been a registered trademark of Cost Plus for more than 15 years, Marcy Bergman, a San Francisco-based lawyer for Cost Plus, said last summer.

World Market Center officials confirmed that talks were continuing.

"We do not comment on pending litigation other than to say that both parties are continuing discussions toward a resolution," Andrew Maiden, a spokesman for the World Market Center, said.

LeGrand, who is not involved in the case, likes the odds of Cost Plus succeeding in the Las Vegas battle.

"I think World Market Center is going to have a problem with that case, because Cost Plus sells furniture and it has been around for a long time," he said.

But the World Market Center does have some facts on its side, namely that the public generally calls the plaintiff "Cost Plus." That factor might mitigate the damages Cost Plus could claim, LeGrand added.

All the intellectual property claims in Las Vegas just come with the territory, Eric Hone, a lawyer with Lewis and Roca, said.

"I think it is factor of the companies doing business here," he said. "The casinos on the Strip take a very strong stance on it."
OVERLAND PARK, Kan., Dec. 3 /PRNewswire-FirstCall/ -- There are more than 44,600 minutes in the month of December. That's thousands of minutes for gift giving, caroling, eating, celebrating and now talking on your wireless phone.

This December EMBARQ is giving its current and new wireless customers the gift of unlimited minutes to help them connect with friends and family all month long; that's more than 44,600 minutes at no extra charge.

With unlimited wireless minutes available in December, EMBARQ conducted a survey to research what famous figures would be on the nation's calling wish list if America's little black book just happened to fall from the sky one December day.

The survey asked 1,000 Americans what well-known people they would like to dial up to share their holiday cheer with if they had unlimited wireless minutes this December. From politicians and public figures to TV characters and news anchors, Americans weighed in on who would be on their unlimited speed dial this December.

-- When offered a direct line to a number of famous Americans, including
the President of the United States, Microsoft Chairman Bill Gates and
decorating professional Martha Stewart, it was reigning talk show
queen Oprah Winfrey whose phone would be ringing off the hook with
well wishes from fans for a happy New Year. Oprah received 15 percent
of the vote. President George W. Bush followed in close second with
11 percent.

-- Which presidential candidate did Americans hope would make a campaign
stop at their holiday dinner? Hilary Rodham Clinton beat Barak Obama,
Rudy Giuliani, Fred Thompson, John McCain and John Edwards with a
quarter (25%) of survey respondents saying they would like to call and
invite the democrat to their holiday table.

-- This holiday season Americans are eager to receive a gift of
light-hearted humor. Just over one in 10 (11%) respondents said that
for an overview of this year's major news stories and a peak into
2008, they want Ellen DeGeneres at the other end of the phone. The
funny lady got more votes than Katie Couric (8%), Anderson Cooper (7%)
and the famous man in suspenders, Larry King (6%).

-- While the classic holiday carol may call for 12 days, this season, the
hottest number is 24. More than one in 10 (11%) respondents agreed
that Jack Bauer of "24" gets top billing for the TV character
Americans would call to wish a happy holiday. Bauer beat Susan Mayer
of "Desperate Housewives," Larry David of "Curb your Enthusiasm,"
Stewie Griffin of "Family Guy," Claire Bennett of "Heroes," Michael
Scott of "The Office," and Nancy Botwin of "Weeds" for the top spot.

-- Overall, America may care about 24 hours of action, but there are some
more interested in bedside attraction. The ladies are 'McDreaming' of
a certain Seattle Grace neurosurgeon this holiday season with almost
20 percent of female respondents saying they would call Dr. Derek
Shepherd of "Grey's Anatomy" to wish him a happy holiday over other TV
character favorites.

-- They may not be psychic mediums, but Americans do know which person
from the past they would call if their wireless service extended to
the deceased. While Elvis, Martin Luther King Jr. and Marilyn Monroe
were among the favorites, it was Princess Diana who won 17 percent of
the overall vote, but survey respondents aged 60 and over would rather
be calling Camelot. A quarter (25%) of these Americans gave their vote
to President John F. Kennedy.

After EMBARQ customers have had a nice chat with JFK, Oprah, Hilary Clinton and Dr. McDreamy, they should visit EMBARQ's microsite, UnlimitedDecember.com, an interactive site launching Nov. 20, 2007. Site visitors will be guided through a series of easy steps to develop, preview and send voice messages to help spread holiday cheer. The free and festive services allow customers to send humorous holiday greetings; schedule deliveries of personal holiday calls; and record holiday carols, karaoke-style, and have them delivered to up to three friends or family members at a time.

EMBARQ wants its customers to stay connected this holiday season. While it may not be able to give them a phone book with numbers of their favorite celebrities, it can give them more than 44,600 minutes during the month of December to spread cheer to friends and family.

The EMBARQ Survey was conducted by Kelton Research between October 26th and October 29th, 2007, using an e-mail invitation and an online survey. Quotas are set to ensure reliable and accurate representation of the total U.S. population ages 18 and over.

About EMBARQ

Embarq Corporation , headquartered in Overland Park, Kansas, offers a complete suite of common sense communications services. The company has approximately 19,000 employees and operates in 18 states. EMBARQ is included in the S&P 500. For consumers, EMBARQ offers an innovative portfolio of services that includes reliable local and long distance home phone service, high-speed Internet, wireless, and satellite TV from DISH Network(R) - all on one monthly bill. For businesses, EMBARQ has a comprehensive range of flexible and integrated services designed to help businesses of all sizes be more productive and communicate with their customers. This service portfolio includes local voice and data services, long distance, Business Class DSL, wireless, enhanced data network services, voice and data communication equipment and managed network services. In 2007, EMBARQ ranked highest in customer satisfaction among large enterprise businesses, according to J.D. Power and Associates Study
. EMBARQ believes that by focusing on the communities the company serves and by employing common sense and practical ingenuity, it is able to provide customers with a committed partner, dedicated customer service and innovative products for work and home. For more informationimble, innovative and positioned for growth.

Embarq, the nation's fourth largest local telephone company, continues to see the telephone lines at the heart of its business erode and produce declining sales. In the third quarter, for example, sales from Embarq's voice business dropped by 5 percent.

His company has a strategy to overcome these trends with a series of new services, Dan Hesse, Embarq's chairman and chief executive officer, told Wall Street analysts at the UBS Global Media and Communications conference in New York.

For one, Embarq sells its own brand of wireless service that is closely tied to the home phones of its customers. It recently rolled out a service that uses an automated computer system to translate text messages sent on a cell phone so they can be received on a landline phone.

Embarq, which is increasingly is depending on its growing high-speed Internet business, now has a branded Web-page portal with the potential to produce online advertising and search sales.

"Traditional voice is going to decline," Hesse said. "We know that. We accept that. We believe we can grow with different revenue streams as we evolve the business model of the company."

Hesse is said to be among the leading contenders for the chief executive spot at Sprint Nextel Corp. after Gary Forsee, Sprint's former chairman and CEO, resigned in October. Embarq spun off as a separate company from Sprint in 2006.

In afternoon trading, Embarq shares were up 52 cents, or 1.06 percent, at $49.43; Sprint was down 1 cent at $15.40.

For more on this story, please see Thursday's editions of The Kansas City Star.

To reach Jason Gertzen, call 816-234-4899 or send

To see more of The Kansas City Star, or to subscribe to the newspaper

About Kelton Research

Kelton Research is a full service global insights firm with offices in Los Angeles, New York, and Washington, DC, and is America's fastest growing National Market Research Consultancy. Serving as strategic partner to more than 100 of the Fortune 500 and thousands of smaller companies and organizations, Kelton utilizes a wide range of qualitative and quantitative methodologies to drive tactical recommendations for clients. For more information about Kelton's services, please call