Judge: Kehot Owns Its Logo

By COLlive reporter

A federal judge in New York has affirmed the legal rights of Kehot Publication Society over its iconic logo on March 29, 2013.

The logo was first used in 1941, the same year Kehot was founded by the 6th Lubavitcher Rebbe, Rabbi Yosef Yitzchok Schneersohn OBM.

At the center of the logo is a circle containing the word Lubavitch, Hotzaat Seforim (publishing house) and Kehot in Hebrew, an acronym for Karnei Hod Torah, which means “rays of the Torah’s glory.”

Vaad L’Hafotzas Sichos, which had a past publishing partnership with Kehot, has claimed the logo was a certification mark, rather than a business trademark.

At the core of the case was whether “Vaad” can continue publishing the Rebbe’s Likutei Sichos with the Kehot logo, although their cooperation was terminated in 1994.

In 2010, the United States Patent and Trademark Office (“PTO”) approved the application of Merkos L’Inyonei Chinuch, Inc. to register the logo as a trademark.

Rabbi Zalman Chanin of “Vaad” opposed the application and sought judicial review of the decision. Vaad moved for a summary judgment cancelling the registration.

Merkos, chaired by Rabbi Yehuda Krinsky, cross-moved for a summary judgment affirming it.

In his ruling, Judge Frederic L. Block wrote: “The PTO’s decision approving Merkos’s application for registration of the Kehot logo as a trademark is affirmed.

He noted that “whether Vaad engaged in intentionally deceptive conduct presents a question of fact. Therefore, the Court cannot say, as a matter of law, that Merkos is limited to only injunctive relief.”

Lawyers for Kehot were J. Christopher Jensen of Cowan, Liebowitz & Latman, P.C. in New York, NY. Appearing on behalf of “Vaad” were Paul Fields, Karin Segall and Yuval H. Marcus of Leason Ellis LLP in White Plains, NY.

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