Northport business changing name after Kentuck files trademark suit

 

UPDATE April 5, 2023:

The Kentuck Art Center released the following statement regarding its trademark lawsuit against Northport business Kentuck Nutrition, which has changed its name to Kentu Nutrition:

Kentuck has a legal duty to defend and protect trademarks associated with Kentuck Art Center & Festival. If Kentuck did not defend its Trademarks, then Kentuck would be in in jeopardy of losing them. Hoping for an amicable, out-of-court resolution, multiple attempts were made to discuss these issues with the Logan’s legal representative, but were unsuccessful. Unfortunately, when Kentuck received no response, Kentuck had no choice under law but to defend the trademark and file suit.

Kentuck now understands the name has been changed and is happy to dismiss the lawsuit.

Kentuck wishes Kentu Nutrition every success.

Original story is below:

By WVUA 23 Student News Reporter Caleb Aguayo

The owners of the Kentuck Art Center and Museum have filed a lawsuit contending a local business is infringing on their trademark of the name “Kentuck.”

According to the lawsuit, a new business in Northport called Kentuck Nutrition is in violation of Kentuck’s trademark because it’s using “Kentuck” as part of its name.

WVUA 23 News met with business owners Cathy Logan. Cathy Logan said the business name came from Kentuck Park, a popular park in Northport and favorite location of hers.

Companies and organizations are often litigious when it comes to protecting their trademarks because a trademark is unenforceable once it becomes widely used. It’s why the University of Alabama sent a cease-and-desist to former Northport bakery Mary’s Cakes and Pastries in 2012 over the bakery’s use of the trademarked A logo. In that case, UA and Mary’s Cakes came to a licensing agreement allowing the logo’s use.

Logan said she has received no paperwork about the lawsuit but is already in the process of changing the business’ name and imagery. Among the items that will be changed, Logan said, are:

  • The name of the business
  • Any social media accounts using the name
  • Other miscellaneous items used to promote the business

Citing the high costs for replacing the business sign out front of the store, Logan said the situation is expensive and concerning.

“It’s a big concern that we have,” Logan said. “I’m a small business owner and I love my city. And for something like this to come up, I’m just so surprised. It threw me for a loop.”

WVUA 23 News spoke with representatives for Kentuck Art Center, who said they could not comment on the lawsuit at this time.

Kentuck is an arts-focused nonprofit that operates workshops and retail space in historic downtown Northport. It also hosts an annual festival named the Kentuck Festival of the Arts.

Categories: Featured, Local News