Blacksuits changes name amid lawsuit

At the time, Departika was known as Blacksuits Creative LLC, an entity created in April 2006 through a licensing agreement with former partner Zack Bonebrake. Bonebrake, who broke away from the firm in November 2006 to join Noble & Associates, co-founded Blacksuits Inc. in 2000.

Earlier this year, Blacksuits Creative – owned by partners Corey and Katie Canada, Skye Carroll and Jason Gaylor – revamped a logo for KCUR 89.3 in exchange for radio promotional spots.

In May, the firm received a cease-and-desist letter from Patrick Fanning, an attorney for Kansas City-based graphic design firm Blacktop Creative LC. Fanning of Lathrop & Gage LC demanded that Blacksuits Creative change its name or face a trademark infringement lawsuit from his client.

Ironically, Blacksuits owners said they had been meeting with their attorney, Dwayne Fulk of Neale & Newman LLP, about changing the firm’s name the same day they received Fanning’s letter. A name change reflecting the company’s new direction has been in the works since March, managing director Corey Canada said.

But Blacksuits never responded to Fanning’s letter, and as promised, Blacktop Creative filed suit in U.S. District Court on Aug. 22.

“That letter is a fairly stern letter,” Fanning said. “That letter is meant to elicit a response. And when you get no response for about three months, you ultimately have to make the decision to file suit.”

About a week after the suit was filed, Blacksuits Creative announced in a news release that it had changed its name to Departika, a word invented by the partners.

“Our thought behind that is we’re departing from the norm,” Carroll said, suggesting the firm’s strategy is to distinguish itself from competitors.

Katie Canada said her firm never made a concerted effort to build business in Kansas City or attempted to lure away Blacktop Creative’s clients. Canada said her father owns an advertising and marketing firm in Kansas City and that he had previously farmed out design work for his clients to Blacksuits.

“The only business we’ve gotten in Kansas City is from him,” she said.

The Canadas said they had never heard of Blacktop Creative prior to receiving Fanning’s letter, which they forwarded to Blacksuits Inc. co-founder Bonebrake, who still holds the rights to the Blacksuits Inc. name. Bonebrake said he thought Blacktop was notified of the name change and was surprised to learn the suit had been filed.

Although concerned about resolving the litigation, Departika’s partners said they were disappointed that no one from Blacktop contacted them directly before resorting to litigation.

“We were never bothered with the professional courtesy of a phone call,” Corey Canada said.

Katie Canada added, “They could have saved a lot of money.”

Shawn Polowniak, one of Blacktop’s three managing partners, referred questions to Fanning, who said his client will have to decide whether to drop the suit.

“Obviously, with the name change, a lot of those issues go away,” Fanning said.

Polowniak said Blacktop Creative is a full-service graphic design firm in business since April 2001. He and partners Mike Miller and Dave Swearingen employ 15 people. Their clientele, which is national in scope, includes H&R Block, Hallmark, Chik-fil-A, MySpace and Spin magazine, Polowniak said.

Departika’s plate also is full with a mix of clients including Walnut Capital Management, Pellham Realtors, Urban Districts Alliance, Mudhouse and the Springfield Regional Arts Council. About 60 percent of the firm’s clientele is local, Corey Canada said.

The firm, which is now 10 employees strong, recently worked with New York-based iSeatz to redesign Web pages for Delta Air Lines to include lodging and rental car options.

Gaylor, Departika’s creative director, said the firm’s emerging line of products also includes an online resource for graphic artists that will be available to customers via licensing agreements. Original artwork in the form of posters and T-shirts also has become a revenue stream for the firm, which has operated from the Monarch Art Factory on West College Avenue since October 2006.[[In-content Ad]]