Whats in a Name? Hopes Retains Exclusive Rights

On the heels of a recent court settlement, Crittall Windows, Ltd., a British-based firm, released statements that inaccurately portray the history and position of Hopes Windows, Inc. of Jamestown, New York. In the statement, Crittall claims that Hopes Architectural Products, Inc. was, in fact, founded in 1982 and changed its name to Hopes Windows, Inc. in 1998," implying that the company has existed for just 20 years. In fact, the company now known as Hopes Windows was established in Jamestown under the name International Casement Company. The original Hopkins Avenue factory is still in use today, designated as Plant 1 of Hopes Windows. The statement released by Crittall fails to acknowledge that twice, in both September 2000 and in October 2002, the Hon. Richard Arcara of the United States Federal District Court preserved Hopes Windows right to exclusive use of the name Hopes" in the United States, and in neither instance awarded any damages to Crittall Windows.

The legal proceedings began with a lawsuit brought by Hopes against Crittall for breach of contract stemming from Crittalls unilateral termination of a marketing agreement between the two companies. Crittall countersued, claiming that Crittall had the absolute right to claim it has been in business since 1818" and to prevent Hopes Windows from using Since 1818" in any promotional and marketing materials.

The confusion stems from a brief, shared history of the two companies. In 1926, the International Casement Company was acquired by Henry Hope & Sons Ltd. of England; six years later, the company was merged with the importing business of Henry Hope & Sons of New York and renamed Hopes Windows, Inc.

Crittall also was, at one time, part of the Henry Hope & Sons family of companies, which was established in 1818. As a descendant of Henry Hope & Sons, Hopes Windows had used the tag- line Since 1818" in its promotional literature. Crittall, claiming the legacy as its own, brought suit for damages and injunctive relief" based upon this slogan; however, the subsequent court order enjoined both companies from using the 1818 date in their advertising, and further stipulated that Crittall is absolutely prohibited from using the mark or name Hopes" in the United States. No damages were awarded.

Hopes Windows then made a mistake, which the company freely admits. Over the ensuing two months, the court order was followed in new advertising; however, existing brochures were not recalled, and the company did not remove the tagline from its website. Crittall brought a motion for contempt of the court order, which sought more than $2 million in damages.

The decision, handed down October 1, 2002 by United States Federal District Court Judge Richard Arcara, was settled to Hopes satisfaction when Judge Arcara ruled that Hopes Windows sole violation was in its failure to recall brochures and to change the website in a timely manner. Jay Vlock, chairman of Fox Steel, Crittalls U. S. distributor, was denied standing as an expert witness; further, Judge Arcara found Mr. Vlocks damage assumptions faulty. The courts determination was that Crittall had suffered no damages as a result of Hopes use of Since 1818" and limited damages to attorneys fees only.

Frank A. Farrell, Jr., president of Hopes Windows, remarked on the decision, We are very pleased that Judge Arcara dismissed Crittalls claim for damages and limited their award to attorneys fees. We are all happy that this litigation has finally concluded, and that we have preserved our corporate lineage and the absolute right to the mark and word 'Hopes in the United States."