Federal Judge Blocks NOTUS From Rebranding as The Star
Judge Rossie Alston granted The Washington Star a temporary restraining order to prevent public confusion.
A Virginia federal judge Tuesday granted The Washington Star a temporary restraining order barring D.C. political-news website NOTUS from rebranding itself The Star as planned tomorrow.
The Washington Star Company sued NOTUS Media last week for federal trademark infringement, false designation of origin and unfair competition, and common-law trademark infringement and unfair competition. NOTUS announced weeks ago it would change its name in an attempt to capitalize on the Washington Post’s recent layoffs and gain market ground.
In his ruling, U.S. District Court for the Eastern District of Virginia Judge Rossie Alston noted a TRO is an “extraordinary remedy” only given when “the public interest favors” it and the plaintiff demonstrates, by a “clear showing,” “a likelihood of success on the merits.” His order will “prevent the public from being confused” by NOTUS’s “use of ‘The Star’ to associate itself with THE WASHINGTON STAR” as the court considers the case, he wrote.
Dovid Efune, publisher of The Washington Star and The New York Sun, welcomed the court’s decision to “protect” the newspaper’s “trademark and rights in the market.”
“This ruling reinforces our focus on what matters most: reviving a legendary American institution and returning a much needed voice in our nation’s capital,” he said. “We’re committed to real, independent journalism, thoughtful commentary, and a relentless demand for accountability on behalf of the public we serve.”
The Washington Star was founded in 1852 and grew to become the capital’s newspaper of record. But it hit a slump as competition with television and the Washington Post heated up in the 1970s. NOTUS founder Robert Allbritton’s father, banker Joe Allbritton, bought the paper in 1974 and tried to save it, but its next owner filed for bankruptcy and published its final edition August 7, 1981.
NOTUS representatives tried in March and April to procure the trademark, with one saying the company “has already secured the rights to a number of other names that it can and will use if ‘THE WASHINGTON STAR’ is not available.” Yet it insisted on renaming itself The Star after failing to make the purchase, even publicly connecting itself to the storied daily. The Wall Street Journal reported in April that NOTUS “considered pursuing the [Washington Star] name but ultimately went with the Star,” a shortened version. The Columbia Journalism Review, noting Mr. Efune owns the trademark, said last month Mr. Allbritton’s use of the “The Star” is a “slight misdirection” and certainly “an homage” to The Washington Star newspaper.
Judge Alston found NOTUS CEO Arielle Elliott’s claim “that the term ‘Star’ is a reference to the ‘north star of journalism’” is “contradicted by the public statements and marketing materials regarding the origin of the name.” He added that “the Mark had accumulated significant goodwill during the 128 years of the original paper’s run, and Plaintiff has provided evidence that consumers in the relevant market continue to recognize The Washington Star name.”
“We stand on the shoulders of The Washington Star’s historic legacy. We’ve also invested significant resources into redeveloping its brand and bringing it into the modern era,” Mr. Efune revealed. He noted the Star is “already breaking stories,” citing this editor’s scoop today on the nation’s 250th-birthday celebrations. The Star obtained evidence that undermines NBC News’ claims Tuesday that generators used at a Freedom 250 event on the National Mall spilled more than 30 gallons of fuel, putting the lawn in peril.
“We invite the public and especially disenfranchised readers in Washington and beyond to join us,” Mr. Efune said. “The real Washington Star is back.” The paper plans to expand with a weekend print edition by year’s end.
Judge Alston scheduled a hearing July 22 to hear arguments on a longer-term injunction on NOTUS.