It is probably not a good idea to pick a fight with the Army, so changing your name to avoid battle with the US Military Academy at West Point can be a wise tactic.
The United States of America has sued Black Nights Wine Spirits to stop the Highland Falls liquor store from using a name confusingly similar to the Black Knights nickname used by the academy’s athletic teams as far back as the 1940s. After four cease-and-desist letters and the filing of the lawsuit on Aug. 8, the store has seemingly conceded.
“We’ve changed the name to Good Nights,” said a man who answered the phone at the store recently. He said Frank Carpentieri, the owner of Frasiekenjes, LLC, the company that runs the store, would not be available for a few days.
The lawsuit, filed by acting US Attorney Joon H. Kim, accuses the liquor merchant of tarnishing the academy’s brands.
The Department of the Army holds several trademarks for “Black Knights” and the West Point crest, so it did not escape its attention when Black Nights Wine and Spirits opened last September on Main Street in Highland Falls, just beyond the West Point gates. The store’s name, the Army says, falsely suggests that the enterprise is “associated with or endorsed and approved by the US Military Academy at West Point.”
The Army drew a line in the sand within weeks of the store opening, mailing a cease-and-desist letter that alleges trademark infringement.
The store then installed a more permanent “Black Nights” sign and placed several items in and around the store that highlight West Point themes.
Besides the alleged abuse of West Point’s goodwill and brand reputation, the lawsuit states that the liquor store defies military policies.
“The Department of the Army is highly concerned with the use of alcohol among its soldiers and is committed to de-glamorizing its use,” the complaint states.