Artist Christopher Radko Wins Legal Challenge Over Name

After facing legal challenges in association with his reentry into the gift industry, artist Christopher Radko is now back on track. The legacy ornament artist, who formerly started and later sold the company Christopher Radko, faced down a preliminary injunction challenging the fair use of his name with regards to the launch of his new line of original ornaments. The U.S District Court for Southern District of New York denied the motion brought by Rauch Industries Inc., the owner of the Christopher Radko brand.

The motion sought to prohibit Mr. Radko from using his name in association with his new company HeARTfully Yours, which creates all-seasons and holiday ornaments, despite the expiration of his non-compete agreement with Rauch Industries as of August 15, 2021.

Although Radko has refrained from directly addressing the specifics of the ongoing case, court documents made public following the ruling state: “Though Mr. Radko sold the right to use his name as a trademark, the parties expressly agreed that he would not use his name commercially only until August 2021. After that date, he is within his rights to advertise his affiliation with any company selling seasonal décor. Moreover, there are repeated disclaimers on the website and social media pages of Heartfully Yours, which clarify that Mr. Radko is not connected to the Christopher Radko mark itself.”

Radko’s legal representative reiterated, “The non-compete agreement with Rauch Industries ended as of last year. Mr. Radko has established a completely different brand and only identifies himself in a fair use-manner to inform the public who is the artist designing HeARTfully Yours.”

Court documents also observed that: “At oral argument, Plaintiff insisted that Mr. Radko could not be permitted to use his name in connection with his business, going so far as to say that he would have to change his name or use ‘John Doe’ in order to continue to promote Heartfully Yours. The Court finds this suggestion implausible. So long as Mr. Radko continues to use his name, as he has, in a manner other than as a mark, he does not infringe on Plaintiff’s registered trademark.”

The judge concluded by stating that: “the Court cannot find that Plaintiff has shown a likelihood of success on the merits on its breach of contract, trademark infringement, or related state law claims or that sufficiently serious questions going to the merits of these claims make them a fair ground for litigation. As such, Plaintiff’s Motion for a Preliminary Injunction is DENIED.”

Following the ruling, Radko released his own statement: “The spirit and heart of Christmas is my passion and my purpose for starting this boutique new company. This is not just a business to me. It has to have heart. I am very pleased with the Court’s decision and will continue spreading the joy of the holidays and the special moments of everyone’s lives through my new collection of HeARTfully Yours ornaments.”

HeARTfully Yours is the first collection of ornaments that Radko himself actually designed in 15 years. HeARTfully Yours is also currently raising funds for the people of Ukraine with its special ornament additions.

“Many people retire in their 60s, but I get to start a whole new act three in my life, and it will be the best one ever,” Radko said.

Editor’s note: The court documents referred to are for Case 1:22-cv-00909-MKV.