Longtime Washington Street jeweler sues rival for Horning in on its action
![Washington Street in downtown Boston in 1921](https://www.universalhub.com/files/styles/main_image/public/images/2016/ebhorn.jpg?itok=B-aaSUpp)
Hordes of pre-Easter shoppers outside E.B. Horn in 1921. See it larger.
E.B. Horn, which opened in 1839, is suing another jewelry store down Washington Street that now calls itself Horn's Jewelers.
In a trademark lawsuit filed this week in US District Court in Boston, E.B. Horn, 429 Washington St., wants a judge to order Horn's Jewelers, 339 Washington St., to knock it off and find some other name.
Due to E.B. Horn's widespread recognition and fame the Defendant's adoption of the Horn Jewelers Mark has created actual confusion in the marketplace among potential consumers.
Countless costumers have inquired whether the Plaintiff is associated with, or connected with, Horn Jewelers to the Plaintiff.
Customers have informed the Plaintiff that they have mistakenly entered Horn Jewelers believing it was E.B. Horn. These customers reported to the Plaintiff that the Defendant did not take any steps to correct this confusion, or properly inform the customers that Horn Jewelers is not the same as, or associated with, E.B. Horn.
The Defendant has intentionally misled customers into believing that Horn's Jewelers is the associated with, or the same as E.B. Horn, by representing to confused customers that entered the Horn's Jewelers store who were in fact looking for E.B. Horn's store, that these customers were in the correct location or that Horn's Jewelers is the associated with E.B. Horn when neither are the actual case.
In addition to making Horn's Jewelers find another name, E.B. Horn wants all the profits its rival has made with that name, plus damages and lawyers' fees.
Photo from the BPL Leslie Jones collection. Posted under this Creative Commons license.
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Comments
Maybe not as open-and-shut as it sounds
The newcomer, Horn Jewelers, is named after its owner, Stephanie Horn.
she knew exactly what she was doing
She must have known this would happen. Or she could call it Steffis. Or Stephanies. Or something posh. It's not like EB Horn sprung up overnight and will be gone in a few months.
I call BS on Stephanie Horn.
Stephanies
If she named it Stephanie's, would the restaurant complain?
No problem
No problem because they are two totally different businesses
That didn't stop Starbucks
That didn't stop Starbucks from suing Star Bock beer, or anything else like that - even for companies that have been in business for years before their rivals started.
Yup
I'm pretty sure I'd have issues if I started a smoothie store named Banana Republic. Or started a jewelry store named Google.
Hey, I agree
But, you can sue anybody for anything, and it's usually a case of who has the bigger pocketbook that determines who wins. The little guy just can't spend the bucks for a long legal process.
Years ago, when somebody would apply for a business
license in Massachusetts, one of the cross checks the state would do is to compare the proposed business name against other businesses to see if names were identical or similar.
Obviously, we don't have that check any more, as Stephanie was able to get the name Horns for their store.
And your name might be
And your name might be McDonald, but try getting away with opening a restaurant under your own name.
Broadly, trademark law protects the first (registered) use of a name typically in a particular sector of the economy. There's already a jeweler's business named "Horn" here, so she has to find another name. She could probably open a restaurant named Horn's (or if her name were McDonald, a jewelry business named after such), but not vice versa.
EB HORN COMPANY LOST LAWSUIT
JUDGE DENIED EB's LAWSUIT against Horn Jewelers.
Horn Jewelers has been in business next door to EB Horn and Company for over 20 years.
Stephanie Horn entered into her family business 2 years ago from a real estate position. Horn Jewelers store DID NOT open only 2 years ago. Horn Jewelers has been in the same location for over 20 years. According to the court documents, Stephanie Horn's arrival threatened EB's company as she was a fierce competitor and according to the several online reviews, Stephanie Horn was well liked and respected. I have yet to read ONE negative comment about this woman.
What you read can be misleading, EB LOST!!!
No, they didn't lose, please stop posting that
Here is the judgment in the case, agreed to by both parties and signed by US District Court Indira Talwani.
Read it.
Note that your friend agrees to never use the name "Horn" again in connection with the sale of jewelry. I'm not a lawyer (and I suspect you're not, either), but that hardly strikes me as a victory.
I Love The State-Of-The-Art Traffic Control System!
And everyone has a hat
Everyone
"FOOT TRAFFIC CROSS ON RED
"FOOT TRAFFIC CROSS ON RED+YELLOW LIGHTS" -- wow -- the current misuse of traffic signals is that old.
That's How My Grandmother Taught Me To Cross The Street
There were no "Walk" signals, so I was taught to cross when the light turned red for through traffic.
And we liked it!
And we liked it!
Red and Yellow WAS the pedestrian signal in Mass.
For many years Massachusetts had a special traffic signal indication: solid red and yellow lights on at the same time meant that all vehicular traffic should stop and pedestrians could cross. Since all the vehicles were stopped, no matter which way they were going, pedestrians could even cross diagonally if they wished. Those signals had no "Walk" or "Wait" lights. After displaying solid red and yellow together for a defined period -- the equivalent of "Walk" -- then the signals changed to solid red in all directions -- roughly the same as a flashing "Don't Walk".
A few signals were timed to display the solid red + yellow in every cycle, but most had a pushbutton to request the red + yellow walk signal. Those signals would let traffic on one street move, then cars on the other street, then stop all the cars so pedestrians could cross, then after that everything would repeat.
There was another variation at places where there was a midblock crosswalk activated by a pushbutton. The cars would get a FLASHING GREEN in normal circumstances. The flashing green was a signal that there was a pedestrian-activated crosswalk. When someone pushed the button, the signal would change to yellow, then to red + yellow so pedestrians could cross, then to solid red, and finally back to flashing green.
Often red and yellow bands were painted on the poles supporting the signals, as another sign that this was a special kind of signal.
As far as I know, these signals -- both the flashing green and the red + yellow -- were unique to Massachusetts, but everyone who learned to drive here knew what they meant.
Sometime around the late 1960s or early '70s the Federal government adopted the Uniform Manual of Traffic Control Devices, which outlawed both of these special signals, and they were gradually phased out.
I forget exactly where, but I recall seeing a surviving flashing green/red + yellow signal somewhere out in the exurbs within the past year or two.
Ooh, I know, I know!
Not exactly an exurb, although it feels like it: West Roxbury Parkway in Brookline, in front of the Putterham library. Flashes green until a pedestrian hits the button, then it goes red and yellow.
Yup. They're outlawed, but
Yup. They're outlawed, but they still exist here and there.
MUTCD actually goes back to 1935
Both flashing green and red-yellow indicated were outlawed beginning with the 1971 edition. The issue with red-yellow was the potential for the red indication to fail - either the bulb or the timing disc - remember, they were still using electro-mechanical controllers for signals.
Although controllers have since become solid state, traffic signals now incorporate what's called a conflict monitor - or malfunction management unit. This device is to look for malfunctions like red and green showing up at the same time in the same display. Red and yellow in the same housing is considered a conflict.
I've seen so many crazy
I've seen so many crazy malfunctioning signals around here that it's clear there isn't much conflict monitoring going on.
Please elaborate on "malfunctioning "
Because conflict is not the same as malfunction.
Flashing Simultaneous Green And Yellow Signals — Carroll Parkway
This was a few years ago on Carroll Parkway at the Nahant Rotary. I never saw that combination anywhere before or since, but it certainly got my attention!
DAMN!
So I shouldn't sign the lease on my new Jewel encrusted Horn store?
We sell every kind of horn known to modern man. And some known only to modern women.
I was going to call it the Horny Horn store.
aaah fuggedaboutit.
Old photo
... is that Keytar Bear in the box??
B.S.
Terrible!
E.B. Horn is an amazing family-run business and it's been there for eons.
If you believe that Horn jewelers isn't trying to take customers away from E.B. Horn, I've got a bridge to sell you.
PS: E.B. Horn really is a wonderful place. I can't recommend it highly enough, especially for engagement rings and wedding bands!
They are great
Very helpful with decisions. I've had them do good repairs on old pieces. They stuck with DTX during the bad years they are the ones who should be benefiting from the new development there.
E B Horn
I understand that the owner of the new jewelry stores last name is Horn, but Im sure before opening up her store she knew EB Horn was already there in Down town Boston. Was she trying to take some of their business or something, why wouldn't you come up with a different name.
I've been wondering
I've been wondering why they haven't done something sooner. Horn's (the interloper) has been there for quite some time and every time I see it I wonder why EB Horn hasn't complained. It's a pretty transparent attempt to ride EB Horn's coattails.
I echo other people's praise of EB Horn. They're wonderful.
EB CLAIM DENIED IN FEDERAL COURT
Not as open and shut as it seems. On Monday a federal judge DENIED the request from E.B. Horn, allowing Horn Jewelers to remain in business using their Horn Jewelers name. Horn Jewelers formerly K-Horn Jewelers (same owners) used the Horn name for over 18 years prior to EB Horn's lawsuit. EB Horn Company and Horn Jewelers were ironically doing business less than a mile away for 18 years prior to EB Horn's lawsuit was filed. Why the lawsuit after 18 years doing business? Only the Horn's will know, the lawsuit was settled outside of court.
http://www.kliemanlyons.com/2016/06/downtown-jewelers-lock-horns-over-tr...