NIAGARA FALLS – A former employee of a Native American dance show owned by Tuscarora Indian businessman Smokin’ Joe Anderson has been barred from using the show’s trademark or accepting its tickets for his own rival show.
State Supreme Court Justice Ralph A. Boniello III ordered that Anthony C. DiNatale Jr. must not use the trademark or accept tickets for Anderson’s show, called “The Spirit of the Mist.”
Smokin’ Joe’s Native Center made an agreement with a tour operator to bring customers to the show. DiNatale started his own “Thudnering Waters Live Show” at the One Niagara building and, in Anderson’s view, it was practically identical to “The Spirit of the Mist,” only not as good.
DiNatale had allegedly made a deal with the tour operator to bring visitors to his show, using tickets for Anderson’s show. Boniello ordered that DiNatale must stop doing that until the infringement lawsuit is resolved.