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Disabled Vet Files Suit Against GMA ABC 10/09 for Trademark Infringement 

American Challenge


 
GMA ABC Execs Had Prior Knowledge May Lead To Additional Charges

Joseph Sammartano, the former U.S. Army Policy Development and Training Officer whose designs are used today worldwide to counter terrorism and more, is now taking on the challenge to battle Goliath. He is asking all veterans and all AmeriCAN’s® to boycott GMA/ABC and all sponsors.

“I know why GMA ABC continues to use my trademark, Greed and ratings. No single brand, trademark or word can make all 300 million citizens react. Every person in the U.S. has a direct kinship with this word, and is perhaps the most recognized brand in the entire world by its name alone. I did not create, nor was I compensated or inspired to design the AmeriCAN® trademark for any entertainment company, especially for their own good. It was created to help protect all people, inspiring students, parents and teachers through a not for profit organization.

D. Yellen of Ballon Stoll Bader & Nadler P.C. NY, Docket # Filed NYC Federal Court 09CV9318 Paragraph # 18 of the complaint states “The acquired mark of the defendant is so similar to the plaintiff as to be unquestionably be the product of a scheme of deliberate copy by the defendant. As such it is highly likely one or more of the defendants acted in concert, with knowing intent, of an illicit plan to infringe the exclusive rights of the plaintiff and of the AmeriCAN® mark. Paragraph # 17 identifies direct infringement of the registration AmeriCAN® mark”.

Sammartano plans to fight GMA/ABC and show the deliberate intent by GMA staff to violate not only his rights, but the law. GMA’s deliberate attempt to change/modify the color and the stars of the mark once they were notified is a clear admission of guilt, plus may be violating another trademark owner.

Jack Campaign of Graham Campaign who filed the first notice stated “I would only point out at this time that the test of infringement is not whether the marks are identical, but whether they are confusingly similar, and more confusingly similar I have never seen short of a counterfeit. But that's for the court to decide if we cannot reach an agreement".

Not surprising, GMA’s market share increased while airing the AmeriCAN® segment. Sammartano and others believe GMA ABC, owned by Disney, will try to wear Sammartano down in court, exhaust his money and try to continue using his mark. Not unlike Robert Kearns vs Ford, Chrysler which took almost twenty years to settle. Sam asks “everyone especially Vets to Boycott all products sponsors and advertisers with ABC GMA. Your support is needed by going to the web site, calling ABC, and show Corporate America who you are: I CAN, You CAN, We CAN because we are AmeriCAN®. “There is no justice in this world, THERE IS JUST US”! Sammartano said and asks all media to help him that he doesn't become another casualty of GREED and Corporate Oppression. His efforts have trained hundreds of thousands to protect us, it is time we protect him! The campaign has begun! Help him!

Contact:
Ballon Stoll Bader & Nadler P.C. NY
D.Yellen Phone 212-575-7900 Fax 212 764 5060
Peter Martin 917 470 9290 J. P. Sammartano (Sam) 386 441 9400
Deadline 386 405 4004 media@americanchallenge.org JPSamm@americanchallenge.org



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