U.S. Eleventh Circuit Court Of Appeals Rules In Favor Of Blazer Boats In Copyright Infringement Case

U.S. Eleventh Circuit Court Of Appeals Rules In Favor Of Blazer Boats In Copyright Infringement Case

Pensacola, FL (PRWEB) August 27, 2005

Pensacola, Fla. (PRWEB) Aug. 26, 2005 – Blazer Boats Inc., a leader in the Bass and Bay Boats market announced today that the United States Circuit Court of Appeals in case no. 04-11259 upheld the ruling handed down by the U.S. Southern District Court in the lawsuit against Maverick Boat Company by Blazer Boats Inc.

The lawsuit was filed to prove that Maverick Boat Company inappropriately obtained a copyright for their Pathfinder 2200 V-Hull bay boat under the Vessel Hull Design Protection Act (“VHDPA”) and accused Blazer Boats Inc. of infringing on their copyright when Blazer introduced their model 2220 Bay Boat. The suit was filed for defamation, along with numerous other counts, based on Maverick’s allegations and statements to consumers, dealers, and the marine industry as a whole.

The Appellate Court Upheld the Southern District Court’s ruling that Maverick’s Pathfinder 2200 V-Hull design is not protected under the VHDPA stating the record demonstrates that Blazer’s boats are “original and not substantially similar in appearance to Maverick’s Pathfinder 2200 V-Hull design.” “The record before the court does demonstrate an attempt by Maverick to repackage the facts of its revision to the Pathfinder 2200 V-Hull in an effort to obtain protection under the VHDPA.” “This conduct does demonstrate carelessness on behalf of Mr. Deal, who perhaps had himself convinced that this registration would be valid, but should have acted with more caution before acting upon his belief.”

In addition, the Appellate Court upheld the District Court’s award of legal fees and expenses, stating: “we conclude from the record that the District Court did not abuse its discretion in awarding attorneys’ fees to Blazer under the VHDPA. The VHDPA expressly authorizes the court to award attorney’s fees, in its discretion to the prevailing party.”

“We are very pleased with the Appellate Court’s decision”, said Keith Craft, president of Blazer Boats Inc. “Our ongoing strategy is to never settle these baseless claims and we will continue to aggressively defend against this type of frivolous litigation. As we have stated, we are committed to upholding the integrity of this company and its products.”

About Blazer Boats Inc.:

Blazer Boats is a family-owned company that has been building high quality boats for over 30 years. Their bass boats have earned a reputation as one of the fastest and most stable boats made. Blazer’s bay boats are unique in their ability to negotiate rough seas while allowing fisherman to venture into very shallow water.

The statements made herein are independent statements of Blazer Boats Inc. For further information visit the company’s web site at http://www.BlazerBoats.com

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