Protecting the public from deception and misrepresentation
- Legacy of the Moo Duk Kwan® Fist - Floyd Burke, Black Belt Magazine
- The Moo Duk Kwan® school - Phil Duncan
This page provides information about only a few of the Federation's trademark enforcement efforts to stop public deception and misrepresentation by unauthorized individuals infringing the Federation's marks for their advantage.
These actions were only taken after all reasonable and amicable efforts to avoid litigation had been exhausted with infringers.
The United States Soo Bahk Do Moo Duk Kwan Federation® chartered purposes include protecting the intellectual property entrusted to it by Moo Duk Kwan® Founder Hwang Kee.
=== Trademarks ===
"Moo Duk Kwan" 3,023,145 and "the fist logo" 1,446,944 and 3,119,287 and "United States Tang Soo Do Moo Duk Kwan Federation" 1,443,675 are federally registered trademarks recorded with the United States Patent and Trademark Office for owner U.S. Soo Bahk Do Moo Duk Kwan Federation.
=== Service Marks ===
"United States Soo Bahk Do Moo Duk Kwan Federation" 3,170,613, "Soo Bahk Do" 3,103,190 and the "Soo Bahk Do logo" 1,811,174 are federally registered trademarks recorded with United States Patent and Trademark Office for owner U.S. Soo Bahk Do Moo Duk Kwan Federation.
August 17, 2015
It is with great happiness that we deliver the attached court documents rendering the decision on August 17,2015 for the Federation's most recent defense of our trademarks and identity.
The Federal Court's decision confirms that members of the United States Soo Bahk Do Moo Duk Kwan Federation® are the sole heirs to Hwang Kee’s Moo Duk Kwan® legacy in the USA. This successful action also confirms that members are fulfilling the Federation's chartered purposes and pursuing realizing the Founder's vision in the United States.
This outcome is the culmination of the efforts of many Moo Duk Kwan® alumni and supporters going back to our founding and involving members too numerous to thank here.
We all now have the opportunity to digest the information in the attached documents and use it to further the art of our Founder!
In Moo Do,
Board Chairman 2014-2015
August 17, 2015
Dear U.S. Federation Members,
I trust you and your family are having a good summer.
Congratulation on the positive judgment from the court regarding our identity protection.
We wouldn’t have achieved this success without your tireless participation and tremendous contributions throughout the years of this case.
During the past 5 months, this experience has brought me back often to the time 50 years ago when the Founder was faced with a similar legal battle in Korea when he was waiting for the court’s decision. Today, we can tell the Founder that we did protect the Moo Duk Kwan identity.
We are not completely done with this matter, so let’s keep our Jhoon Bee philosophy in the process until Ba Ro and Shio.
You certainly helped to create a significant page in the history of the Moo Duk Kwan which will be an example for millions in the martial arts community world wide, especially for Moo Duk Kwan alumni and current members who will study this event and be proud of their legitimate connection to the one and only Moo Duk Kwan martial art organization.
It is a happy occassion for the Past, Present, and Future of the Moo Duk Kwan.
Your support has raised our culture and Moo Do values to an even higher level in the Art and I thank you for that.
Yours in Moo Duk Kwan,
UNITED STATES SOO BAHK DO MOO DUK KWAN FEDERATION, INC. (U.S. SOO BAHK DO) vs TANG SOO KARATE, INC., ERIC KOVALESKI and ROBERT KOVALESKI
On August 17, 2015 Federal District Judge Robert Mariani rendered a verdict in favor of the United States Soo Bahk Do Moo Duk Kwan Federation and against Eric Kovaleski, Robert Kovaleski and Tang Soo Karate Inc. The Court's order includes a permanent injunction against Eric Kovaleski, Robert Kovaleski and Tang Soo Karate Inc., and their officers, agents, servants, employees, attorneys, privies, subsidiaries, divisions, successors, assigns, and all other persons in active concert, participation, or combination with them. The court's order also includes a monetary judgment of $115,560.
A FEW OTHER ENFORCEMENT ACTIONS
Submitted circa 2002 by:
B. Lee Schumacher, JD, LL.M.
Sa Dan 29464
Region 8 Elected Director
Board Chairman 2002-2003
UNITED STATES SOO BAHK DO MOO DUK KWAN FEDERATION, INC.
TRADEMARK OWNERSHIP AND PROTECTION
The Charter of The United States Soo Bahk Do Moo Duk Kwan Federation, Inc. includes the following within the mission and purpose "Article 1, Section 2":
- Ø To control, protect and regulate the use of its names, symbols, and trademarked and copyrighted technical, educational and promotional materials…
The Board of Directors of the Federation has shown a consistent commitment to this Charter provision and has committed to ongoing and vigorous enforcement against infringers of any and all intellectual property rights.
The United States Soo Bahk Do Moo Duk Kwan Federation, Inc. ("Federation") is the owner of the trade names "Soo Bahk Do" and "Moo Duk Kwan". In addition, the Federation is the owner of the trademark appearing on our flag and uniform patch consisting of a fist, scroll, leaves with berries and the Korean characters under the fist.
The above trade names and trademarks have been in use for many years and the Federation's ownership of such trade names and trademarks has been consistently upheld and enforced by the courts. In no case has an infringer been permitted to continue using the trademarks or trade names. Additionally, any materials of the infringer bearing the Federation's trademarks or trade names have been ordered returned to the Federation or destroyed. The Federation's rights have been confirmed and enforced by Federal courts as well as State courts.
UNITED STATES SOO BAHK DO MOO DUK KWAN FEDERATION, INC. ("U.S. SOO BAHK DO") VS. WORLD MOO DUK KWAN TANG SOO DO FEDERATION ("WORLD MOO DUK KWAN")
On August 4, 2006, the World Moo Duk Kwan Tang Soo Do Federation and Grandmaster Jae Joon Kim, agreed in a settlement document to abandon its right to "MOO DUK KWAN" or any similar combination of words and to abandon its design logo containing the term "MOO DUK KWAN". It further agreed to exclude any design including a fist or a design including any phrases "confusingly similar to those used by U.S. Soo Bahk Do".
UNITED STATES SOO BAHK DO MOO DUK KWAN FEDERATION, INC. VS. NORTH AMERICAN TANG SOO DO MOO DUK KWAN FEDERATION, INC. OF GEORGIA ("GEORGIA FEDERATION")
On August 20, 2004 the Georgia Federation agreed in a settlement document to abandon its right to "MOO DUK KWAN" or any similar combination of words and to abandon its design logo containing the term "MOO DUK KWAN". It further agreed to exclude any design including a fist or a design including any phrases "confusingly similar to those used by U.S. Soo Bahk Do".
UNITED STATES SOO BAHK DO MOO DUK KWAN FEDERATION, INC. ("U.S. SOO BAHK DO") VS. TANG SOO DO MOO DO KWAN ASSOCIATION, INC.
On August 7, 2004 Tang Soo Do Moo Do Kwan Association (principals: Andy Ah Po and Fred Scott) entered into a Federal court judgment on consent agreeing that U.S. Soo Bahk Do has exclusive rights to the use MOO DUK KWAN name and the fist and laurel leaves design and agreed to change their website and turn over for destruction all materials containing either mark.
UNITED STATES SOO BAHK DO MOO DUK KWAN FEDERATION, INC. ("U.S. SOO BAHK DO") VS. UNITED STATES MOO DUK KWAN FEDERATION, INC. OF GREEN BAY, WISCONSIN ("GREEN BAY FEDERATION")
On July 15, 1993 after review by their attorneys, the United States Moo Duk Kwan Federation of Green Bay, Wisconsin agreed in settlement to abandon use of and claims to "MOO DUK KWAN" and the fist emblem and design. All materials belonging to the infringer including membership applications, certificate, entry forms, medals, trophies, apparel, souvenirs and related matters were destroyed. The Green Bay Federation "acknowledge[d] that the United States Tang Soo Do Moo Duk Kwan Federation has the sole right to use the words "MOO DUK KWAN" to identify its organization and services."
UNITED STATES TANG SOO DO MOO DUK KWAN FEDERATION, INC. VS. JAE C. SHIN, ET AL DOCKET NO.: C-340-82-E SUPERIOR COURT OF NEW JERSEY
On April 15, 1985 a stipulation for settlement was entered into for the suit brought by United States Tang Soo Do Moo Duk Kwan Federation, Inc. against Jae C. Shin, William Clingan, Ki Yun Yi, Frank Trojanowicz, Willie Glass, Jr, Don Somsky and World Tang Soo Do Association, Inc. affirmed the Federation's exclusive rights to the Moo Duk Kwan trademark, trade name and the fist and laurel leaves logo.
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