Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 06-24-2022

Case Style:

Osso-Ovch Axp v. Todd Maxwell, et al.

Case Number: 1:21-cv-2212

Judge: Pamela A. Barker

Court: United States District Court for the Northern District of Ohio (Cuyahoga County)

Plaintiff's Attorney:




personal injury
Click Here to Watch How To Find A Lawyer by Kent Morlan

Click Here For The Best Cleveland Trademark Infringement Lawyer Directory


If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.

Defendant's Attorney: Todd Maxwell, Pro Se

Description: Cleveland, Ohio civil litigation lawyer represented Plaintiff, who sued Defendant on a trademark infringement theory.


The Ohio Soldiers' and Sailors' Orphans' Home/Ohio Veterans' Children's Home (hereinafter the “OSSO/OVCH Home” or “Home”) was a children's home located in Xenia, Ohio.

(Id. at ¶ 10.) The OSSO/OVCH Home officially closed its doors to incoming students in 1995. (Id. at ¶ 11.) The Association of Ex Pupils of the OSSO/OVCH Home (“AXP”) was formed “to perpetuate the memories of childhood and to keep alive the friendships of youth.” (Id. at ¶ 12.) Plaintiff OSSO-OVCH AXP (hereinafter “Plaintiff”) strives to acquaint and keep in touch with all Ex-Pupils of the OSSO/OVCH Home, serving as point-of-contact for Ex-Pupils who are struggling in life or who are looking to rekindle old friendships. (Id. at ¶ 13.) To this end, Plaintiff organizes various events throughout the year to bring Ex-Pupils together including, but not limited to, a Christmas Luncheon and Party for Ex-Pupils and their families, and a Spring golf outing. (Id. at ¶ 14.)

In August 1979, the building that formerly housed the organization's Memorial Library was designated as the AXP Museum. (Id. at ¶ 15-16.) Plaintiff continues to operate the Museum on the grounds of the former Home. (Id. at ¶ 16.) The AXP Museum contains various artifacts on exhibit, including photos, printed publications, clothing, and trophies for Ex-Pupils and the public to remember the memory and tradition of The Home. (Id. at ¶ 17.) Donations from Ex-Pupils and the public help with the monthly utility costs and repairs of the AXP Museum. (Id. at ¶ 18.)

Plaintiff is “the owner of at least the common law trademark rights for the marks OSSOOVCH, ASSOCIATION OF EX-PUPILS, and the AXP logo (‘the AXP Marks') for services related to keeping the memories of childhood and friendships alive related to” the OSSO/OVCH Home. (Id. at ¶ 19.) Plaintiff has extensively and continuously used the AXP Marks, such that the relevant public has come to identify AXP as the sole and exclusive source of charitable and museum services associated with the AXP Marks. (Id. at ¶ 20.)

In addition, Plaintiff is the owner of various pending trademark applications for the AXP Marks. (Id. at ¶ 21.) Specifically, on October 7, 2021, Plaintiff filed the following four U.S. Trademark Applications in connection with charitable services in International Class 035 and museum services in International Class 041: (1) U.S. Trademark Application No. 97/064,780 (“the ‘780 application”) for the mark OSSO-OVCH; (2) U.S. Trademark Application No. 97/064,783 (“the ‘783 application”) for the mark AXP; (3) U.S. Trademark Application No. 97/064,784 (“the ‘784 application”) for the mark ASSOCIATION OF EX-PUPILS; and (4) U.S. Trademark Application No. 97/064,789 (“the ‘789 application”) for the mark AXP logo. (Id. at ¶¶ 22-25.)

Defendant Maxwell served as President of AXP and as a Board member for several years. (Id. at ¶ 44.) While serving as a Board member, Maxwell assisted in a project started by Plaintiff to preserve irreplaceable photos relating to the OSSO/OVCH Home that are housed in the AXP Museum. (Id. at ¶ 39.) Specifically, Maxwell assisted in digitizing and organizing these photos for over two and a half years. (Id.) Plaintiff alleges, upon information and belief, that Maxwell donated the digitized photos (hereinafter the “Data”) without any written agreement to the contrary that Plaintiff owned these digitized photos. (Id. at ¶¶ 40, 45.) Maxwell also purchased a software license for the software entitled PixFiler (hereinafter “Software License”) for the purpose of securing and preserving the pictures. (Id. at ¶ 41.) Maxwell donated the Software License to Plaintiff as well. (Id. at ¶¶ 42, 45.)

At some point in time, Majestic Eagle Ink registered the domain name ossoovch.org. (Id. at ¶¶ 26, 27.) Maxwell does business as Majestic Eagle Ink. (Id.) This domain name was created and used to inure to the benefit of Plaintiff. (Id. at ¶ 29.) Plaintiff alleges, upon information and belief, that the ossoovch.org domain name was donated to and is owned by Plaintiff.[1] (Id. at ¶ 28.)

In July 2021, the members of Plaintiff elected a new Board (hereinafter “the AXP 2021-2022 Board.”). (Id. at ¶ 43.) Maxwell was not elected to this Board. See Doc. No. 1-6 at PageID# 42. On August 14, 2021, Maxwell sent a letter to the AXP 2021-2022 Board stating that “all files, software, software licensing, and equipment has been turned over” to the AXP 2021-2022 Board. See Doc. No. 1 at ¶ 46; Doc. No. 1-6 at PageID# 42. Nevertheless, Maxwell claims that he personally owned the Software License and copied Data associated with the Software License. (Id. at ¶ 47.)

On October 8, 2021, Plaintiff, through counsel, sent a letter to Maxwell in which it asserted that the Software License and the rights to the Data belong to AXP. (Doc. No. 1-7 at PageID#s 44 45.) Plaintiff also asserted that Maxwell's use of the marks associated with AXP (such as OSSO and OVCH, OSSO-OVCH, and AXP) has caused and continues to cause actual confusion in the marketplace. (Id.) Plaintiff requested that Maxwell (1) cease using any mark and information associated with AXP immediately and refrain from using any information that would cause anyone to think he or any entity he has is associated with AXP; and (2) return any copied Data. (Doc. No. 1 at ¶ 58.) Maxwell did not respond. (Doc. No. 1-8 at PageID# 50.) Several weeks later, on October 28, 2021, Plaintiff (again, through counsel) sent a follow up letter to Maxwell, including a draft Complaint. (Id.) See also Doc. No. 1 at ¶ 59.

Maxwell failed to return any copied Data associated with the Software License and failed to transfer control of the ossoovch.com[2] domain name registered by his business Majestic Eagle Ink. (Doc. No. 1 at ¶ 62.) Plaintiff alleges that Maxwell's use of the AXP Marks is likely to cause confusion, mistake, or deception in the minds of the public. (Id. at ¶ 63.)...

Outcome: Accordingly, and for all the foregoing reasons, Plaintiff 's Motion for Default Judgment (Doc. No. 11) is granted in part and denied in part as set forth herein. The Court hereby ORDERS that Defendant Maxwell is prohibited from further acts of infringement of Plaintiff's Marks or any variation thereof, whether alone or in combination with any other word(s) or element(s), or any mark, domain name, or other designation which depicts, contains, or consists of any name or mark confusingly similar to Plaintiff's Marks. In addition, the Court ORDERS Defendant Maxwell to return the copied Data associated with the Software License to Plaintiff within ten (10) days of the date of this Order. If Plaintiff intends to further pursue its request for attorney fees, it must file a properly supported motion seeking the same within ten (10) days of the date of this Order.
Osso-Ovch Axp v. Maxwell (N.D. Ohio 2022)

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: