Federal ruling protects Chimney Safety Institute of America
registered trademark from repeated unauthorized use
Order results in undisclosed settlement paid to CSIA
INDIANAPOLIS - The United States District Court for the Northern District of Florida has issued a Permanent Injunction and Order on behalf of the Chimney Safety Institute of America® (CSIA) against James Joyner, Absolute Chimney Sweeps, Advanced Fireplace Technicians, Chimney Doctor, Fireplace Doctor and Orlando Chimney Doctor and any business entity performing chimney cleaning in which Joyner has an ownership interest or control.
The order comes after CSIA brought legal action against Joyner in 2012 for repeated unauthorized use of CSIA’s registered trademarks, including the CSIA Certified Chimney Sweep® mark, on websites and other marketing materials for multiple businesses.
“This is a particularly satisfying victory in that this offender was using our trademark without authorization to inaccurately represent his sweeps in several states as being certified by CSIA,” says CSIA Executive Director Mark McSweeney, CAE.
In a settlement agreement, Joyner has paid CSIA an undisclosed sum and is indefinitely prohibited from applying for certification from CSIA and from using CSIA’s certification logo in conjunction with any of his current or future chimney sweeping businesses.
“CSIA Certified Chimney Sweeps work hard to earn and maintain their credential, and we owe it to them and to the consuming public who rely on what that credential stands for to protect its legitimacy and credibility,” says CSIA President John Pilger. “CSIA is proud of our consistent track record of enforcing the use of our valued trademark.”
The Chimney Safety Institute of America is a non-profit, educational organization dedicated to chimney and venting system safety. CSIA is committed to the elimination of residential chimney fires, carbon monoxide intrusion and other chimney-related hazards that result in the loss of lives and property. To achieve these goals, CSIA devotes its resources to educating the public, chimney and venting professionals and other fire prevention specialists about the prevention and correction of chimney and venting system hazards.