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After Declaring ‘Victory’, Vaad Files Notice of Appeal

In what can only be described as a scene from the ‘theater of the absurd’, lawyers for Vaad L’Hafotzas Sichos filed a notice of appeal in Federal Court today. This comes after a sweeping ruling was issued on March 29th in favor of Merkos and Kehot, while the Vaad and their politically aligned mouthpieces declared victory.

On March 29th US Federal Judge Frederic Block issued a decision on lengthy arguments made before the court over the use and ownership of the Kehot logo. The decision was heavily in favor of Merkos thanks to the overwhelming evidence they had presented at trial.

After CrownHeights.info reported on this decision, it was only a matter of time before this ruling – like others before it – would be spun into some fairytale, and declarations on victory would follow.

They did not fail.

Misleading headlines like ‘No Decision…’ and ‘Demands for Millions Denied…’ followed. But, if there was no decision then why is there an appeal?

Lawyers for Rabbi Zalman Chanin, Vaad chairman, filed this afternoon papers saying:

PLEASE TAKE NOTICE that, Plaintiff Vaad L’Hafotzas Sichos, Inc. (“Vaad”), hereby appeals to the United States Court of Appeals for the Second Circuit from an Order entered April 1, 2013 (copy attached), denying in part Plaintiff’s motion for summary judgment, granting in part Defendant Merkos’ motion for summary judgment (affirming Defendant Merkos’ application for registration of the Kehot logo as a trademark), and denying in part Defendant Merkos’ motion for summary judgment.

Sources in Merkos said that they don’t expect the courts to hear this appeal.

Click Here to download the Notice of Appeal

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26 Comments

  • Menachem

    Congratulations to merkos for the Win.
    I have a suggestion, and I think it is good for both sides. Why don’t merkos agree to vaad to continue using the logo as they are doing anyway, and ask vaad to drop the appeal and agree that Merkos is the owners of the logo? I thing the two sides can live with this and it will save thousands if not millions in Tzedaka money. The only one enjoying this are the lawyers.

  • win win

    A good winer knows how to lose. Meshichstim dont know how to lose. In other words sore losers.

  • k lol

    30 broad? lol. they have a mailing address there. mitch shapiro sits in the basement on president and albany w tamir

  • Shapiro

    Merkos shouldn’t worry too much Shapiro is an incompetent lawyer who barks loud this will be another case he will loose in crown heights

  • Milhouse

    Well, the decision was a little bit of a victory for them — Merkos’s request for summary judgement was denied. True, that’s not much of a victory because Merkos didn’t really expect to win summary judgement in the first place, but it was something they could be happy about in what was otherwise a disaster for them. And they’re not appealing that part of the decision!

  • chaim

    Now that Merkos got the win, what will happen? Will this make a deference in my life?

    • CHLEAKS.COM

      Absolutely nothing.

      This won’t pay your tuition;
      This won’t pay your rent;
      This wont pay your mortgage;
      This won’t pay any of your bills.

      But I’m still glad the corrupt Meshichistim Mossrim had another lost.

  • Sheker

    Interesting how they tell everyone that they were nebech taken to court by the “bad” Merkos people (wow, such victims) when the ruling clearly headline it as Vaad AGAINST Merkos.

    Kazak hanigzol.

  • Why isn't Chanin in Cherem?

    I asked this before and I ask this again: In any NORMAL community, such as Square, Willie or Bobov, if someone dared pulled a “Chanin” against the Official Establishment, that person would be OUT – in Cherem. Why do we have no backbone and do the same?

    The worst enemies of Lubavitch live in our midst. Beware of those who look like us but are out to destroy us. Beware of the Erev Rav (who also fund a salary to pay off their unordained Rav).

    This guy is a shanda.

  • To #1

    Good idea, all you need to do is convince the two sides to go for it. Easy task

  • Pacer

    04/11/2013 docket: 65
    Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 4/11/2013. (1) In the trademark case, Vaad L’Hafotzas Sichos, Inc. v. Kehot Publication Society, et al., 10-CV-4976 (FB) (JO), the counterclaim plaintiffs will withdraw their claims for money damages and seek a bench trial on the affirmative defense of laches. The counterclaim defendant will oppose such a proceeding pending an appellate decision on the order granting summary judgment in favor of the defendants. In the absence of any order by the court pursuant to Federal Rule of Civil Procedure 54(b) finding no just reason to delay entry of final judgment on the claims resolved in its decision on the motions for summary judgment, I directed the parties to submit a joint pretrial order that fully complies with Judge Block’s individual practice requirements no later than May 13, 2013. Once they have done so, I will enter an order certifying that the case is ready for trial. (2) In the copyright case, Vaad L’Hafotzas Sichos, Inc. v. Chaim Yehudah Krinsky, et al., 11-CV-5658 (FB) (JO), the parties will meet and confer as to any outstanding discovery matters and will submit by April 25, 2013, a joint proposal (or, if necessary, competing proposals) for a schedule to complete all remaining pretrial tasks. In the event the parties disagree about the extent to which there has been compliance with previous discovery rulings, the parties shall include a detailed schedule of such disputes in their submission. I will schedule further proceedings as appropriate after reviewing the parties’ submission. (Orenstein, James) (Entered: 04/11/2013)

  • to #1

    I have a better idea: Let’s pool the resources and have the Vaad work under Kehos – as was the original agreement. This way all the talent will be focused to one goal: Print more and better books.

    Yeah, I know. Wishful dreaming….

  • Unbelievable

    There are families in Crown Heights who have lost everything through the economy collapsing, illness, death in the family….you name it, we have it. And the low life Chanin keeps bankrolling appeals & lawyers when he could use the money to do good. He has no conscience at all just a hunger for power and control. I bet he klops al cheit on Yom Kippur either like it’s a formality because he never did anything wrong, or with real kavona….until Yom Tov is over and he can start screwing everyone again. I don’t know how his family can show their faces, I feel sorry for his wife, children and grandchildren. To know your family name is dirt must be very hard.

  • hak

    I don’t understand: Chanin is the menahel gashmi of the vaad. He has a hanholo ruchni over him = Nachman Schapiro & Leibel Altein etc. Why does the hanholo ruchnis allow Chanin to do what he wants & shlep the Vaad into these court actions? Do they agree with what he is doing???

    • Money talks

      The “hanhola ruchni” are basically employees of Chanin. They depend on him for their meager livelihood. They are not “over him” but subservient to him. He dictates to them his orders. He muzzles them to silence. They suffer silently from him.

  • Zaki tamir

    Our great leader Zaki Tamir works for Mitchel Shapiro. Shapiro has only brought hate into this community .

    It is Zaki Tamir who announced in public that he salutes Shapiro for doing so much work for Crown Heights.

    Merkos will be fine with Shapiro litigating for Chanin.

  • Stupidity

    Shame on all of it. Why does dirty laundry have to be displayed like that.there are 2 sides to every story.
    Reb. Zalman chanin is a great chossid who got many kiruvim from the rebbe and a very desent man. He has a case for sure.

    • Two sides to every story?

      Yep, a right side and a wrong side. The kirruvim he got were in the hopes that he won’t cause too much damage to Lubavitch. Seems they failed (or maybe they actually succeeded – he could cause lots more machlokes and destruction, I guess we must be grateful). A person who FIGHTS against the Rebbe is NOT a great chosid. A fitting name is a great misnaged. The enemy of our people is never “decent” and battling with Chabad is INDECENT. Shame on him and a shame on his parents.

  • Goldberg

    I agree. Zalman Canin is a fine man. and so is his son.
    I don’t care what anybody says- hes fat, hes a crook.

    Thats no body bushiness. The canins are one fine family.

  • Two sides to every story?

    Yep, a right side and a wrong side. The kirruvim he got were in the hopes that he won’t cause too much damage to Lubavitch. Seems they failed (or maybe they actually succeeded – he could cause lots more machlokes and destruction, I guess we must be grateful). A person who FIGHTS against the Rebbe is NOT a great chosid. A fitting name is a great misnaged. The enemy of our people is never “decent” and battling with Chabad is INDECENT. Shame on him and a shame on his parents.

    • To 22

      I wonder who was the one who STARTED the machlokes. Who took who to COURT first?
      Who is power and money hungry?.
      And who are u to know the rebbe’s motives for his kiruvim?
      I wonder who is paying your salery.
      Zalman chanin is a mentch!!!

  • When is a mentch a bum?

    When he acts like one. If Zalman Chanin acts like a bum, talks like a bum, walks like a bum…then guess what? He is a bum!

    • Anonymous

      Dassan v’Avirum were bums. Korach was a bum. The Meraglim were bums. The Erev Rav were bums. Zalman Chanin fits right in with these cronies of his.