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

  • Obituary – Brenda Tyree

    The Report has recently learned of the unexpected passing of Brenda Tyree, due to an unfortunate accident while in Kingsport for the horse show... Read More
  • Money Tree Classic schedule update

    The Money Tree Classic is set for Friday, July 5, 2019 at Champions Arena in Shelbyville, Tenn. The Amateur Country Pleasure Three-Year-Old division was inadvertently left off the show bill and will be class 28 of the 34 class show... Read More
  • Entertainment at Money Tree Classic

    The Money Tree Classic is thrilled to welcome back Ever After Productions’ princesses for the second year running! Be sure to load up the little ones to meet and greet with Little Mermaid and Cinderella from 6:00-8:00PM... Read More
  • Latest Issue 6 17 19

    Read More
  • Savannah Lions Club revises class schedule

    The Savannah Lions Club Horse Show, scheduled for June 15 at Hardin County Fairgrounds in Savannah, Tennessee, has added the following classes to their schedule... Read More
  • Belfast schedule correction

    The Belfast-TWHBEA Horse Show, scheduled for June 22, would like to make the following clarification to their schedule:Class 26 Four-Year-Old Mares and Geldings will be a canter class. Read More
  • Arab Summer Classic schedule clarification

    The Arab Summer Classic, scheduled for June 15, would like to make the following clarification to their class schedule:Class 27 Riders' Cup Walking Horse Stake will be a canter class. Read More
  • WHOA Pleasure Jamboree

    The WHOA Pleasure Jamboree will be held at the Tennessee Miller Coliseum on June 21-22, 2019. Judge for the show on Friday will be Richard Wall of Shelbyville, TN. Saturday's show will be Judge Shelli MeHaffey of Shelbyville, TN. Read More
  • Equine Obituary – Command & Control

    Two-time World Grand Champion Command & Control passed away due to colic complications on June 10, at the age of 18-years-old.  Affectionately known as “Fred”, he was enjoying his first year of retirement from the show ring where he resided in his sire’s (I’m In Command) stall when he was not grazing in his pasture.  Read More
  • Florence Charity Horse Show donates to TCF Foundation

    Florence Charity Horse Show made a donation to the TCF Foundation in memory of officers Turner and Carraway. They were the slain officers ambushed by the Florence shootout October 3, 2018, in which six other officers were wounded in the shootout.  Read More