Zoo Wars XII -And the REAL WINNER IS JOE!!! applause….

**This post is for educational purposes-Moral to this story below…the best part!!!

http://bigcatrescue.org/today-at-big-cat-rescue-feb-9-2013-big-cat-rescue-wins/ [no pictures included in this post…might be some sort of copy write infringement…lol…]

Today at Big Cat Rescue Feb 9 2013 Big Cat Rescue Wins 

[bloggers note: yada…yada…yada…BIG YAWN]

Many of you have followed our two year long legal battle against Joe Schreibvogel and GW Exotics Memorial Animal Park. Schreibvogel constantly breeds tiger cubs to use to make money by charging people to pet or take photos with them, both at his park and on a “road show” that exhibits at malls and fairs. As part of our increasing focus on advocacy work, we have contacted these venues to educate them about why we believe this was mistreatment of the animals and why it was also bad business because it offended the many people who love animals and oppose this exploitation.

Among his many other unprofessional responses and attacks on Big Cat Rescue and Carole personally, in 2010 Schreibvogel decided to use the name Big Cat Rescue Entertainment for his traveling exhibit. He created a logo where the words Big Cat Rescue looked very much like our logo, and even starting using a phone number with our area code, to create confusion and damage our reputation by having people think we were doing cub petting.

We filed suit in federal court in January 2011 to stop him. As we expected, he counter sued, claiming that in our statements to the venues about him and cub petting we had slandered and libeled him and tortiously interfered with his business relationships.

Separately, he repeatedly used photos we own in violation of our copyright ownership and mischaracterized them. So we filed two lawsuits to stop him from doing that.

The trial for the trademark case was to begin Monday, and the trial for the first copyright case was to begin two weeks later.

Last August we filed a Motion for Summary Judgment asking the judge to throw out his counterclaims. This past Thursday(2/7/13) the judge ruled in our favor. To paraphrase the legal language of part of her ruling, she concluded that our statements to the malls and to our supporters about Schreibvogel met the legal requirements for being “privileged,” in part because they were made in good faith and with a good motive, and therefore could not be considered slander or libel.

Now with no upside in the lawsuit once his counterclaims were pronounced invalid, rather than face us in two trials where he had nothing to gain and a lot to lose, yesterday Schreibvogel agreed to a Consent Final Judgment under which we were awarded damages and legal fees totaling a little over $1 million dollars.

_______________________________________________

And the moral to the story-Drum Roll please…

Joe has consented to just sticking it up her ass in bankruptcy instead of spending good money on lawyers. 

I think The REAL WINNER IS JOE!!!

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~ by topcatsroar on May 7, 2013.

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