An Indiana store has been sued in federal court by the owners of the trademark for the Terrible Towel, which alleges that the store’s selling of “The Terrible Mask” violates its exclusive rights to market the Terrible Towel.
As detailed on TribLive.com, the Eamon Foundation is asking the court to order Time In of Indiana and store manager Charles A. Goldberg to stop making and selling the masks, contact all customers who bought them, and turn over all profits from sales so far.
The Eamon Foundation was designated under its previous name, AVS Foundation, as the sole beneficiary of the proceeds of the sale of any Terrible Towel products. The foundation works on behalf of the Allegheny Valley School to help developmentally disabled children.
The lawsuit contends that after issuing a cease-and-desist order last month, In-Time’s attorney claimed that Goldberg and Terrible Towel creator Myron Cope had signed a non-interference agreement in 1978 permitting Goldberg to create and sell Terrible Towel products. But, the suit charges, Goldberg could not produce the document.
Time In sells the masks for $15 each, and also sells gaiters with the moniker on them.
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