--- title: "Kover Your Ears: Kars4Kids Charity Wins Legal Battle. The Jingle Lives On" description: "New Jersey-based charity Kars4Kids appealed the court's previous decision and won, so it's now clear to use its name and infamous jingle." date: "2024-04-21" modified: "2024-04-21" authors: - name: "Nico DeMattia" job_title: "Contributing Writer" link: "https://www.thedrive.com/authors/nico-demattia" url: "https://www.thedrive.com/news/kover-your-ears-kars4kids-charity-wins-legal-battle-the-jingle-lives-on" categories: - "News" --- # Kover Your Ears: Kars4Kids Charity Wins Legal Battle. The Jingle Lives On ![]() The infernal jingle isn't dead yet. The New Jersey-based charity Kars4Kids, the one with the maddening TV and radio jingle,[ was previously ordered ]()to pay $10.6 million (later reduced to $7.8 million) to Texas-based charity America Can! Cars of Kids for trademark infringement. However, [Kars4Kids]() appealed last year and, earlier this week, the appellate court reversed the original penalty. So the Garden State charity is not only allowed to continue using its name in Texas but its jingle, too. “The courts have essentially confirmed what the everyday consumer in any part of the country knows: Kars4Kids, with our iconic jingle, is the brand,” says Kars4Kids’ COO, Esti Landau. “While we respect the Cars for Kids in Texas for its charitable work, we are thrilled the Court recognized that we can continue to use all the goodwill and brand recognition we have built up in our name in Texas, just as we do in every other state.” Both charities were founded in the 1990s but America Can! came first. When it got word of Kars4Kids' name, advertising, and jingle in 2003, it filed a cease-and-desist. Then it did nothing for ten years before sending another cease-and-desist in 2013. A year later, both charities filed trademark infringement lawsuits against each other. In 2019, the District Court of New Jersey sided with America Can! Cars for Kids. However, Kars4Kids appealed and New Jersey's Third Circuit Court of Appeals ruled that there was too much time between the initial cease-and-desist in 2003 and the lawsuit in 2019, so Judge D. Michael Fisher reversed the penalty. “Our focus has always been on the charitable work our donation program supports,” says Robert Moskovits, the organization’s president. “With the legal victory behind us, we can get back to what we do best—getting our charity programs the most we can out of every car donated.” "We are disappointed by the verdict from the Third District Court of Appeals in our lawsuit against Kars 4 Kids," Colin Weatherwax, America Can! Cars for Kids CEO told *The Drive*. "Through multiple court proceedings we have sufficiently demonstrated America Can! Cars for Kids ownership of the trademark ‘Cars for Kids’ and that Kars 4 Kids has infringed upon this trademark. We are considering our options—including an appeal—at this time.” Following the court's recent decision, though, Kars4Kids is allowed to operate throughout the country as it always has. That means its horrific jingle will continue to wreak havoc on our ears and minds for the foreseeable future. *Got tips? Send 'em to tips@thedrive.com* ## Author Nico is a writer and reviewer from New Jersey who probably thinks he’s a lot funnier than he actually is. His love of cars began when he was just a kid playing Gran Turismo 3, grinding out enough race wins with a Mazda Miata to save up for an in-game RUF 911. That passion for small, lightweight sports cars drove his desire to learn more about the industry, get his hands on as many cars as he could, and bring those experiences to life on the page. He cut his teeth writing about BMWs, Volkswagens, and Audis, mostly, and has owned far too many of each. He’s on his fourth 3 Series sedan, but all of his old, cheap German cars have forced him to learn more about car maintenance than his mechanical capability can handle. Too many late nights have been spent scrambling to get a car running by morning so he could get to work. For some reason, he never seems to learn that old Bimmers probably aren’t the best daily drivers. But he loves more than just old German cars. He’ll gladly drive and discuss anything with four (or even three) wheels. Cars aren’t his only passions, though. Nico is also a big nerd and loves movies, video games, comic books, and cares far too much about the New York Giants. So don’t be surprised if you see football references or dumb, obscure movie quotes in any of his car reviews. ### Author social links [Instagram]() [LinkedIn]()