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Federal Judge Issues Sweeping Decision on Kehos Logo

In a decisive ruling, US Federal Judge Frederic Block, on March 29, issued a decision in which he grants Merkos the sole ownership of the Kehos logo.

“Vaad argues that the Kehos logo is a certification mark…an example are the various hechsherim used to certify food products…the Court concludes as a matter of law, that the logo is a trademark…The logo announces that a publication bearing it emanated from ‘a publishing house’ called ‘Kehos,” reads the 13-page decision.

Some Background

In 1941, the Previous Rebbe created the Kehot Publication Society. Indeed, the first publication bearing the Kehos logo was published in 1941. Merkos L’Inyonei Chinuch was formed in 1942. At its first corporate meeting in which both the Previous Rebbe and the Rebbe participated, Kehos was transferred to Merkos. In 1960, The Rebbe instructed Merkos to file for a trademark status for the Kehos logo. Merkos then obtained a NY State trademark for the Kehos logo that was active till 1990, when it inadvertently lapsed.

In the years since Gimmel Tammuz Vaad L’Hafotzas Sichos and Rabbi Zalman Chanin claimed that Merkos was not the rightful owner of the Kehos trademark. Their position was that either they or no one owned the Kehos logo.

In 2001 Merkos filed for a federal registration for the Kehos logo. Vaad L’Hafotzas Sichos and Chanin opposed the application. After a prolonged trial, the TTOB (Trademark Trial and Appeal Board) in Washington DC in 2010 dismissed the opposition and granted Merkos trademark status for its’ Kehos logo. Vaad appealed the decision of the TTAB to the NY Federal court for the Eastern District.

A key component to their appeal was the fact that they challenged the relevancy of both the minutes of the inaugural Merkos meeting in 1942 and also the 1960 papers which were filed with NY State, even though the Rebbe personally participated in both instances.

On 18 Nissan, the auspicious day of the Rebbes father’s birth and the day of the Rebbes bris – the Federal Judge in the Eastern District, Frederic Block issued his decision, dismissing the appeal of the Vaad, and granting Merkos full and exclusive rights to the Kehos Logo, while referencing both documents in his decision.

Click Here to read the full ruling

A letter from the Frierdiker Rebbe about not printing Seforim with the Kehot logo.
A letter from the Frierdiker Rebbe about not printing Seforim with the Kehot logo.
Page 1 of the meeting minutes in which the Friediker Rebbe gave sole athority over Kehot to Merkos.
Page 1 of the meeting minutes in which the Friediker Rebbe gave sole athority over Kehot to Merkos.
Page 2 of the meeting minutes in which the Friediker Rebbe gave sole athority over Kehot to Merkos.
Page 2 of the meeting minutes in which the Friediker Rebbe gave sole athority over Kehot to Merkos.
Page 3 of the meeting minutes in which the Friediker Rebbe gave sole athority over Kehot to Merkos.
Page 3 of the meeting minutes in which the Friediker Rebbe gave sole athority over Kehot to Merkos.
The original Kehot trademark filing with the State of New York in 1960.
The original Kehot trademark filing with the State of New York in 1960.

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36 Comments

  • Special day

    Interestingly, the psak came on the auspicious day of 18 Nissan the day of the Rebbe’s Bris and the birthday of the Rebbe’s father.

  • From victory to victory

    Didan Notzach!!!

    May we merit once and for all a final victory in the 770 case. May we finaly get rid of the chometz.

  • BCH

    There is nothing “sweeping” or unexpected about this decision, there was never a high chance for Vaad Hafotzas Sichos to win this part of the litigation (I doubt their attorneys planed on winning this, more likely it was a tactical move on their part).

    What lies at the heart of this litigation are the rights to Lekutei Sichos. Period. THAT, and only that, will determine the winner and the loser in this case.

    As an aside, I found the following phrase of the decision most amazing (vehamevin yovin): “Whatever ultimate account Merkos’s current management must make to the Rebbe for their actions is beyond the Court’s competence to adjudge.”

    • Milhouse

      Don’t be stupid, and don’t take us for fools. What do you mean by “this part of the litigation?” The Vaad wanted two things: to invalidate the trademark, and to get Merkos’s case against them dismissed. They lost both. Their challenge to the trademark registration was dismissed, and Merkos’s case was not dismissed, and will go ahead.

      The phrase you found so “amazing” means exactly what it says and no more. The vaad wanted the court to rule that Merkos is not following the Rebbe’s wishes, and the judge said “forget it”. Another defeat for the Vaad.

  • Chosid

    Boruch hashem, merkos should go from strength to strangth and win anyone that tries to get in the way of the rebbe and he’s moisdos.

  • You think this will stop them?

    Chanin & his crew will never give up until they have taken over Lubavitch.

  • Kehos saved from Chaos

    B”H Kehos was saved from Chaos. Yad hachassidim al ha’elyona – a triumph for chassidim! As we say in Haggadah: Bchol dor v’dor omdim oleinu…It is a great victory for all chassidim!

  • there is a boss

    lest anyone think that after gimmul Tammuz anyone one (either as a person or in the cloak of a organization) can do what they want there still is a boss of lubavitch!

  • Commentator

    The Federal judge is very smart and has chasidishe hergeshim and his head on straight.

    I was struck by a very interesting and telling “ruling” in the decision on (page 4):

    “…in 1994…Rabbi Yehuda Krinsky took over direction of Kehot and Merkos, but no one acceded to the position of Rebbe. Instead, the movement has been run in accordance with the Rebbe’s directives.”

    This describes all what has happened after Gimmel Tammuz. Well the judge got it right. If only he said this years ago.

  • Whoa! Judge nailed this

    Whatever
    ultimate account Merkos’s current management must make to the Rebbe for their actions is
    beyond the Court’s competence to adjudge.

  • yesh din

    may this victory speedily leed up to the day when 770 will be restored back to the Rebbe bezras hashem

  • FR's Letter

    The letter from the Friediker Rebbe is not about the logo, rather about printing complete seforim from Kehos without permission.

    • Milhouse

      It’s not even about that. It’s about printing any sforim of the Rabbeim without reshus; the FR writes that only Kehos has the right to publish the Rabbeim’s sforim.

  • To 13

    Sure, another chasidishe derher by the judge. But look it: he ruled in Merkos’ favor. Looks he thinks they are following the Rebbe’s wishes.

    • Milhouse

      No, he expresses no opinion on that, because it’s none of the court’s business. Even if Merkos were directly disobeying the Rebbe’s wishes, that would be a matter between them and the Rebbe.

  • Sruly Clapman

    As usual nobody here commenting uses their name, jut curious if they believe it what they write, why is it poted as a Pashkvil!

    Imagine if all the money both sides paid on $1,500 dollar a hour lawyers, the money would have bin spent on poor families,and Shlucims Chabad houses.

    We all know this is a ego fight, Likuty Sichos is a losing money thing, both sides sell it for so cheap, that it’s obvious what this is all really about ……..

    • Milhouse

      So Merkos should just abandon its trademark and let the shtempel be used by anyone who wants to?! Can I use it too? I want to publish a series of novels, with the Kehos shtempel. And then maybe I’ll use it for merchandise to sell outside 770. You know, action figures of the Rebbe, that sort of thing. You really think if I did that Merkos should let me get away with it, and not “waste” money stopping me?!

    • DB

      A Pashkevil is propaganda literature,usually anonymous,posted on walls or distributed in Frum communities to influence the masses.A comment online can hardly be considered a Pashkevil, as it is not a printed article and does not have great influence over the masses.Every form of information is different,what is acceptable in one may not be in another.The internet is a medium where people usually present raw opinion ,therefore names do not matter as much.Something printed is usually meant to be a final Judgement ,therefore names make a big difference.This is not to say Lashon Hora doesn’t apply equally,but only that a Pashkevil has a very specific meaning and should not be applied so broadly.

  • kehos

    by taking back the rebbe’s belogins to lubavitch will make the enemies crush to the grand and make the wold ready for moshiach

  • This is very good news

    It is nice to see that Lubaviitch here in New York and based on what I read several months ago) in other places as well are getting their affairs in order and making sure that people don’t just take property and trademarks owned by Chabad and register it in their own names. I know that it is very costly and sometimes not very popular with simple minded people, but please, for the sake of Lubavitch do whatever you can to continue this trend.

    May you have much hatzalacha in all of your cases and restore the kovod of the Rebbe ZT”L

  • awesome

    this news is so awesome. may the Aibershter grant a rephuah shliemah to all the mishochistim and meshoguyim bmheirah vyameinu that there will be no need for court cases .moshiach now.

  • Why is everyone against Zalman Chanin?

    Isn’t Chanin a respected family in Crown Heights? Isn’t Mulle Chanin the one who paid for and bought off the unordained “Rabbi”? Don’t we realize that our community benefits from such chassidishe devoted people?! Chanin is a pillar in our community – like Lot’s wife pillar of salt!!!

  • loshon hara city!!!

    I am just curious to know why everyone here feels entitled to put in their personal opinions about the affairs of others.
    Why do you insist on spreading loshon hora and rechilus about others??
    Do you think you are more holier than the one you are besmirching in a public forum?
    Is this going to help us any in bringing about the final geulah?
    You are entitled to your thoughts and opinions, but you are not permitted to talk about it or write about it in this case, especially if it is not something the Rebbe would approve of, and definitely most against Torah values!!

    Just today, I opened an Igros in volume 6 page 34 where the Rebbe wrote:
    (I am paraphrasing)
    Both of you are right, and both of you are wrong, and each party has to take the responsibility to determine what is right about their actions and what is wrong about the actions, and to come together as a group to discuss how the situation can be fixed, so that it doesn’t get to the point where it chas vesholom can’t be fixed.

    In my humble opinion, most of the comments here does absolutely nothing to fix the ongoing internal machlokes, it is only making it bigger, so why don’t you all just get off of your high horses of finding faults in others, and publicizing them, and work on correcting your own limitations…

  • Enemies living among us

    It is sad that the greatest enemies of Lubavitch live amongst us in Crown heights. They cause the most damage to our reputation and our mossdos finances. They are the Erev Rav who infiltrate us and bring in their own Rav. This is NOT loshon hara but a warning to be alert from the enemy that dwells among us.

  • Thank you CH.Ifo for exposing the shmutz

    Thanks for letting us know the shmutz that seemingly frum neighbors are doing to damage us. Not everyone who is “geza” is our friend. In the USSR many of them joined the Communist Party and massered on fellow chassidim. Today, the SAME rotten fruit continue to masser on fellow chassidim, continue to seek court actions against fellow yidden and continue to foul up the community with the stench of their shmutz. Justice is served, as sad as it is, when their children go off the derech! This happens over and over again.

  • Why isn't Chanin in Cherem?

    We are pathetic! In any NORMAL community/kehillah, CHanin would be put into cherem. Imagine if he tried this in Bobov or Willie or Square…man, we have no backbone.