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.
