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Published: Wednesday, 9/27/2006

Stainbrook settles trademark lawsuit over his band's name

Stainbrook Stainbrook

Toledo musician Jon Stainbrook took on music industry giants and didn't get crushed.

Stainbrook, who trademarked the name of his band, the Stain, 13 years ago, said he has reached a settlement with the chart-topping band with a similar name - Staind. The terms of the settlement bar Stainbrook from disclosing the specifics of the agreement, but the Toledoan said he will be paid a financial award and he will be allowed to continue using the name the Stain

"I am very thankful to God for this blessing," said Stainbrook, whose band produces jingles and songs used in commercials and shows on networks such as FOX, MTV, and ESPN. "I'm happy to put this behind me this negative, caustic court battling for 3 1/2 years."

During the past 3 1/2 years, Stainbrook and Staind have been entrenched in a battle over who has rights to the Stain name. The sides have traded lawsuits and attempted to cancel each other's trademark rights to the name.

Jim Silk, a local attorney for Staind, declined to comment, saying "the terms are confidential."

"There's not much else to say," Silk said. A spokesman for the band also declined comment.

Stainbrook came in contact with Staind in the mid-1990s when a representative of the East Coast garage band inquired about buying the trademark. The relationship between Stainbrook and the representative for the band deteriorated in the early 2000s, and the dispute wound up in the federal courts.

Stainbrook, who has been involved with local politics, said he planned to use a portion of his settlement to form a faith-based substance abuse awareness and counseling program for young adults.

Separately, Stainbrook has sued Fox Broadcasting Co. He claims Fox lost the master recordings for as many as 90 songs that his band produced for In The Zone, a Major League Baseball pregame series that aired on the network. The suit is pending in U.S. District Court in Toledo.

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