"I know why GMA ABC continues to use my trademark, Greed and ratings. No single brand, trademark or word can make all 300 million citizens react. Every person in the U.S. has a direct kinship with this word, and is perhaps the most recognized brand in the entire world by its name alone. I did not create, nor was I compensated or inspired to design the AmeriCAN� trademark for any entertainment company, especially for their own good. It was created to help protect all people, inspiring students, parents and teachers through a not for profit organization.

D. Yellen of Ballon Stoll Bader & Nadler P.C. NY, Docket # Filed NYC Federal Court 09CV9318 Paragraph # 18 of the complaint states "The acquired mark of the defendant is so similar to the plaintiff as to be unquestionably be the product of a scheme of deliberate copy by the defendant. As such it is highly likely one or more of the defendants acted in concert, with knowing intent, of an illicit plan to infringe the exclusive rights of the plaintiff and of the AmeriCAN� mark. Paragraph # 17 identifies direct infringement of the registration AmeriCAN� mark".

Sammartano plans to fight GMA/ABC and show the deliberate intent by GMA staff to violate not only his rights, but the law. GMA's deliberate attempt to change/modify the color and the stars of the mark once they were notified is a clear admission of guilt, plus may be violating another trademark owner.

Jack Campaign of Graham Campaign who filed the first notice stated "I would only point out at this time that the test of infringement is not whether the marks are identical, but whether they are confusingly similar, and more confusingly similar I have never seen short of a counterfeit. But that's for the court to decide if we cannot reach an agreement".