Skip to content

NWHA Claims Victory Over TWHBEA



JUDGE RULES IN TWHBEA VS. NWHA LAWSUIT

NWHA TRACKING REGISTRY PREVAILS


The United States District Court in Nashville issued its opinion in the long-standing lawsuit between the Tennessee Walking Horse Breeders and Exhibitor’s Association (TWHBEA) and the National Walking Horse Association (NWHA).  Judgment was entered in favor of the National Walking Horse Association (NWHA) on the claims of trademark infringement, unfair competition, trademark dilution, and intentional interference with business relations.  The Court found each of these four claims were without merit and dismissed them in their entirety. 

TWHBEA’s remaining claim of copyright infringement was decided by Summary Judgment in January, 2007, when the Court held that TWHBEA’s Registry, Registry Certificates and Registration Numbers are protected by copyright.  NWHA admitted use of the certificates to obtain pedigree information.  For this infringement, the Court assessed statutory damages against NWHA in the amount of $31,000.00 and enjoined NWHA from soliciting or referring to the “TWHBEA Registry”, “TWHBEA Certificates” or “TWHBEA Registration Numbers” through any applications or websites.

This ruling does not prohibit NWHA from using pedigree information nor does it negatively impact the NWHA Tracking Registry.  The Court ruled that NWHA is not enjoined from requesting pedigree information from a horse owner.  The Court was emphatically plain in stating the injunction does not extend to facts of a horse’s pedigree, name, markings or color.  A horse owner may provide and NWHA may request pedigree information.  This is a victory not only for the NWHA Tracking Registry but also for the owners’ right to use their own horses pedigree, name, color or markings.   

The National Walking Horse Association is committed to the preservation of the naturally gaited walking horse and zero tolerance for the practice of soring.  Through NWHA’s Tracking Registry, the natural gait of the walking horse will be promoted and protected.  
           
The Court’s Memorandum, in its entirety, is posted on the NWHA website at www.nwha.com.

More Stories

  • Latest Issue 3 1 31

    Read More
  • Walking In The Smokies stall deadline approaching

    The Walking In The Smokies Horse Show, scheduled for April 8-10, 2021, in Pigeon Forge, Tennessee is preparing for their first annual show and would like to send a reminder to anyone needing stalls that the deadline is March 15. Please contact Lexi Stinnett at 828-550-8520 to reserve stalls on the show grounds. Read More
  • Trainers' Show announces judges

    The Walking Horse Trainers’ Association National Trainers’ Show will be held at Calsonic Arena in Shelbyville, Tenn. March 18-20, 2021. Judges for the three-day event will be Wayne Dean, Newton Parks and Johnny Puckett. Read More
  • USDA prepares for 2021 show season

    The USDA recently conducted their virtual HIO training course for the 2021 show season. The USDA and industry recently received the final report from the National Academies of Sciences (NAS) and some of the recommendations in that report are communicated in the new processes the USDA will implement in 2021... Read More
  • WHOA hosts virtual awards ceremony

    On Saturday. February 20th, the Walking Horse Owners’ Association (WHOA) held their National High Point awards for 2020 on their WHOA Facebook page with winners who chose to be zooming in to accept their awards... Read More
  • WHOA to host virtual awards ceremony on February 20

    The Walking Horse Owners’ Association (WHOA) will recognize their award winners from the 2020 show season during a virtual awards ceremony on Saturday, February 20, 2021. The show will be broadcast live on WHOA’s Facebook page beginning at 6 pm central time. Read More
  • FAST Spring Showcase announces judging panel

    The FAST Spring Showcase is pleased to announce that John Fikes, Newton Parks and Sam Sorrell will judge this years’ two-day event. The show will be held at Calsonic Arena in Shelbyville, Tenn. April 16-17, 2021... Read More
  • Obituary – Kimberly Woods

    Kimberly Lynn Woods, age 47 departed this life on Sunday, February 14, 2021 at the University of Kentucky Medical Center in Lexington, Kentucky... Read More
  • WHAA annual barn party rescheduled due to inclement weather

    There will be a lot of great items to auction as well as breeding fees to some of the top stallions in the industry and training fees for many of the top trainers. Everyone is encouraged to bring your young horses to preview for the upcoming show season. Read More
  • Birth Announcement – William Jackson Bauer

    Dr. & Mrs. Will  Bauer of Gainesville, Georgia welcomed their first child, William Jackson Bauer, on December 4, 2020. Jack weighed 7 pounds, 2 ounces at birth... Read More