February 21, 2010 | Read Time: 1 minute
A federal judge in Omaha has ruled against a Nebraska veterans’ charity in a dispute over its Web site, saying the nonprofit organization confused donors who may have thought they were giving to a Florida charity that has a similar-sounding name.
Lyle E. Strom, a U.S. District Court judge, said use of the Web site, http://woundedwarriors.org, by Wounded Warriors Family Support, of Omaha, from 2004 to 2008, was deceptive.
The Nebraska charity was sued by Wounded Warrior Project, of Jacksonville, Fla.
The judge said the Nebraska group, which changed its name last year from Wounded Warriors, argued that it tried to dispel confusion among donors, “but the evidence establishes that the actions it took were insufficient.”
Under the ruling, the Nebraska group may not use the disputed Web address.
Planning an Appeal
The ruling follows a decision last fall by a federal jury.
In that verdict, jurors decided that the Nebraska organization violated unfair-competition provisions of a state law.
It said the Nebraska group owed the Florida charity $425,000 in damages, as well as more than $1.26-million in “unjust enrichment” money due to confusion created by the organizations’ similar names and Web sites.
John D. Folsom, founder and president of Wounded Warriors Family Support, said his organization plans an appeal.
“I would love to have a new jury trial,” he said.
Nebraska’s Wounded Warriors Family Support provides families of military service members who have been injured or killed in combat with free stays at condominiums that it owns.
Its Web site is http://woundedwarriorsfamilysupport.org.
Florida’s Wounded Warrior Project distributes backpacks to injured military service members containing “essential care and comfort items,” such as clothing and toiletries, and provides other services.
Its Web site is http://woundedwarriorproject.org.
