Pub dispute defendant fails to appear in court

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What's in a name?

Everything, apparently, to the owner of the downtown Augusta Irish pub Tipsey McStumbles.

In a federal lawsuit filed last month, Michael Anglin accuses a former employee, Christopher Griffin, of opening a competing bar in Aiken using the same name and logo.

A judge denied Anglin's first request for a temporary injunction until Griffin had a chance to respond in a hearing Monday.

The hearing happened, but Griffin didn't show.

Instead, Anglin's attorney, Robert Mullins, laid out for more than an hour his case that Griffin stole the name and, as a result, is causing his client economic damage.

Anglin was blunt when he took the stand.

"He's killing me with bad propaganda," Anglin said of Griffin. "He's raided this business financially."

For Anglin, the dispute boils down to his bar's name, logo and reputation.

He came up with the concept for the bar three years ago, but wanted a distinct "mark" to set him apart from other bars in Augusta. Anglin hired Paul McGowan to make a logo that combined the Celtic knot and a four-leaf clover.

McGowan testified Monday that he worked only with Anglin on the logo and signed over all copyright interest in it to Anglin.

That's a key piece of the argument, because Griffin has filed for copyright and trademark rights to the Tipsey McStumbles logo and name.

Mullins argued Monday that those applications were made fraudulently.

Mullins said Griffin was granted the copyright and used it as ammunition for a "cease and desist" letter that threatened litigation against the Augusta bar.

That's copyright fraud "in one of the grossest and most malicious ways possible," Mullins said.

The lawsuit also claims proprietary interest in Tipsey's "trade dress features," which include the bar's wood floors, exposed ceiling beams and the skimpy "Catholic schoolgirl" outfits worn by the bar's female servers.

U.S. District Judge Randall Hall took the testimony and a stack of exhibits provided by Mullins under advisement. He said a decision would be issued "promptly."

A person who answered the phone at Tipsey McStumbles in Aiken on Monday afternoon said Griffin wasn't around.

Comments (10) Add comment
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corgimom
32181
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corgimom 05/02/11 - 08:17 pm
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So why didn't Michael Anglin

So why didn't Michael Anglin file for a copyright and trademark at the beginning of his business?

TripleBlack
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TripleBlack 05/02/11 - 08:32 pm
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M Anglin didn't have to file.

M Anglin didn't have to file. In the USA, he can claim a common law mart

WW1949
19
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WW1949 05/03/11 - 09:02 am
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I wonder where the bars are

I wonder where the bars are located.

corgimom
32181
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corgimom 05/03/11 - 06:51 pm
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You can't, in the same state.

You can't, in the same state. You can, however, do so in different states.

corgimom
32181
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corgimom 05/03/11 - 06:53 pm
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The sad part is that by the

The sad part is that by the time this lawsuit is over- suits like this are very expensive on both parts- both businesses will never recover, no matter what the outcome.

Litigation will kill a business quickly. You have to sell a whole lot of liquor to pay attorneys.

Asitisinaug
3
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Asitisinaug 05/04/11 - 02:26 am
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Griffin should loose civily

Griffin should loose civily and if possible criminal charges should be filed as well. No business owner should have to deal with such thefts from employees.

KSL
128940
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KSL 05/04/11 - 02:42 am
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Filing a lawsuit? He should

Filing a lawsuit? He should be pleased about a clone. I doubt that the Aiken establishment will attract away from Anglin any business that he would have. If anything, it might enhance his Augusta business.

waterburger
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waterburger 05/05/11 - 01:56 pm
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This puts a real damper on

This puts a real damper on the opening of MY catholic schoolgirl pub...Dumpy McTrampstamps. I guess I am going to have to rethink this one. Catholic Schoolboys? Naughty nuns? Dang!

Coolbreez
0
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Coolbreez 05/05/11 - 09:43 pm
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They didn’t come up with that

They didn’t come up with that uniform. They barrowed the look from The Tilted Kilt franchisee that features the same attire, they just went from Scottish to Irish.

augusta citizen
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augusta citizen 05/06/11 - 05:50 pm
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I had never heard of either

I had never heard of either of these places. Of course, I don't go to bars either.

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