Jeff Blackmon, a former Gateway employee, recently created a Website on the Internet in which Gatewayís registered and common law trademarks were used. On October 3, 1996, Gateway filed suit in the United States District Court for the Western District of Missouri seeking an order prohibiting continuing violation of Gatewayís trademark rights. That same day, the court issued a Temporary Restraining Order against Mr. Blackmon, pending a hearing on Gatewayís application for a Preliminary Injunction.
Mr. Blackmonís Website text describes, among other things, concerns he has about Gatewayís products and operations. In Gatewayís view Mr. Blackmon is and will always be completely free to express his honestly held opinions about Gateway and its products. By filing suit, Gateway did not intend to restrain Mr. Blackmonís rights of free expression; Gateway sought only to restrict the unlawful infringement of its trademarks.
Gateway and Mr. Blackmonís attorney have met, discussed and amicably resolved the entire matter. Mr. Blackmon and his attorney have agreed to the entry of a Judgment and Order permanently enjoining any use or infringement of Gatewayís trademarks, and Gateway and their attorneys have agreed to drop any and all damage claims it may have by reason of Mr. Blackmonís prior use of Gatewayís marks. Further, to whatever extent it has not already done so, Gateway will look into the issues Mr. Blackmon has sought to raise about the company.
Mr. Blackmon and Gateway, and their respective lawyers, have agreed to the accuracy and publication of this Joint Statement and are pleased to have reconciled their differences.