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3 August 2004
AKC GRANTED PERMANENT INJUNCTION AND DAMAGES
IN ECKHART CASE
Judge Thomas Wallitsch of Lehigh County, PA issued the ruling after hearing testimony from a number of AKC witnesses.
By Associated Press
New York, NY -The American Kennel Club (AKC) has been granted a permanent injunction and damages totaling nearly $9,000 in its civil suit against Derbe and Lorrie Eckhart of Upper Milford Township, PA. The injunction bars the Eckharts from using the AKC name in connection with their dog breeding operation and the damages include expenses associated with investigating the case and contacting affected customers.
Judge Thomas Wallitsch of Lehigh County, PA issued the ruling after hearing testimony from a number of AKC witnesses as well as the Eckharts. Issued on July 29, 2004, the judge's opinion stated: "Derbe and Lorrie Eckhart, individually and collectively, made fraudulent misrepresentations with regard to their status with the AKC," and that "entry of a permanent injunction will serve the public interest in that it will protect the rights of innocent third party-purchasers of dogs."
"This ruling upholds the AKC Rules and Regulations that have been put in place to ensure the integrity of our registry," said Dennis B. Sprung, AKC President and CEO. "This case demonstrates the excellent work of our Compliance and Legal departments, who have come together to present a compelling case whose outcome will ultimately protect those seeking AKC-registered dogs, as well as the reputation and interests of our organization."
BACKGROUND:
Derbe Eckhart was suspended by the AKC for an indefinite period in January, 1989 for violation of AKC Rules and Regulations for record keeping and identification of dogs. In 1994 the AKC received word that he was convicted of animal neglect and that he was circumventing his suspension. At that time he was suspended of AKC privileges until 2019.
In 2002, the AKC was informed that Eckhart was falsely representing himself in order to obtain registrations for his dogs. An inspector investigated the situation and determined that he was registering dogs, fraudulently, under the name Skip Eckhart. As a result, all dogs and litters from Mr. Eckhart's operation that were registered from 1994 were canceled. The individuals who owned those dogs received letters from the AKC explaining the situation. In August 2002, the AKC Board of Directors approved a "hardship policy" which allowed reinstatement of affected dogs whose parentage was not in question and were not owned or co-owned by the Eckharts.
In September 2002, the AKC filed a civil suit against the Eckharts and was granted a temporary injunction pending this trial.
The American Kennel Club (AKC), founded in 1884, is a not-for-profit organization dedicated to the advancement of purebred dogs. The AKC maintains the largest registry of purebred dogs in the world, oversees the sport of purebred dogs in the United States, and along with its 4,500 licensed and member clubs, educates the general public about responsible dog ownership. More than 15,000 competitions for AKC-registered purebred dogs are held under AKC rules each year including conformation, agility, obedience, tracking, herding, lure coursing, hunt tests, and field and earthdog trials. Affiliate AKC organizations include the AKC Canine Health Foundation, AKC Companion Animal Recovery and the AKC Museum of the Dog. For more information, visit www.akc.org.
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