HUNTINGTON BEACH, Calif., Nov. 15, 2006 (PRIMEZONE) -- Furthering the defense of its federally registered Surf City USA(r) trademark attacked by a Santa Cruz T-shirt shop in a lawsuit filed last month, the non-profit Huntington Beach Conference and Visitors Bureau filed a motion on Monday seeking dismissal of the lawsuit due to improper venue. The motion is scheduled for a hearing on Tuesday, January 9, 2007 at 10 a.m.
"Venue means the proper court to bring a suit," said Richard Sybert of the Gordon & Rees firm, lead trial counsel for the bureau. "In this case, the plaintiff took the easy way out and filed in his own backyard, in Santa Cruz. But my client doesn't have any contacts there and doesn't do business there."
This is the second move by the bureau to correct unfair maneuvering by the plaintiff, Flotsam of California. The first was to remove the case from state court in Santa Cruz, to the nearest federal court, in San Jose. To view the second motion, visit the Huntington Beach Conference and Visitors Bureau's media room at www.surfcityusa.com and click on the "Surf City USA Motions" link.
The test for venue in federal trademark cases is that the defendant must reside in the court district, or a substantial part of the events giving rise to the plaintiff's claim arose in the district, or the defendant does business there and the suit could not be brought anywhere else. As an alternative to dismissal, the Huntington Beach motion seeks to transfer the suit either to Southern California, where the bulk of witnesses and evidence can be found; or to a more neutral location away from either party. Recent articles in the San Jose Mercury News and an inflammatory press release from the Santa Cruz County Conference and Visitors Council have called into question the ability of the Huntington Beach Bureau to get a fair trial in Northern California.
"It would be very disruptive and unnecessarily expensive for the bureau, a nonprofit entity, to be required to litigate this matter and defend ourselves in Northern California," said Doug Traub, President of the Huntington Beach Conference and Visitors Bureau. "We didn't file this lawsuit, and if these folks want to rip off our brand and then fight us about it, we say bring yourselves down to warm, sunny Surf City USA country so at least you can get a nice vacation for your efforts."
Plaintiff Aided by Santa Cruz CVB
The motion alleges that Bruce Noland voluntarily submitted reports to the Huntington Beach bureau showing sales of only several hundred infringing shirts after a cease and desist order was sent. Secretly, however, he enlisted the assistance of the Santa Cruz County Conference and Visitors Council and local politicians to whip up sentiment and inflame local public opinion, labeling the bureau as a "trademark bully." Meanwhile, Flotsam of California sold and profited from thousands of infringing shirts which it promoted as "collector's items" in the wake of all the publicity.
"The plaintiff should not be rewarded for this kind of misleading and unfair conduct," said lawyer Sybert. "Justice shouldn't depend on a race to the courthouse or 'hometowning' Huntington Beach before a hostile local jury, either." Sybert added that since the plaintiff was attacking the validity of Huntington Beach's federal trademark registrations, they needed to do so where the mark was developed. "The entire world knows one thing for sure," Traub said. "When Jan and Dean sang about 'Surf City,' they weren't singing about Santa Cruz."
The development of Huntington Beach as "Surf City," the quintessential Southern California beach town, has a long history. First settled in 1784 as a Spanish land grant to Manuel Neto, the town was developed at the turn of the century as "Pacific City," intended as a counterpart to Atlantic City in New Jersey. In 1902, the Southern California magnate Henry Huntington agreed to bring his railway to town, which was renamed in his honor. The famous Huntington Beach Pier was built the following year.
The city's first surf shop, Gordie's Surf Boards, opened its doors in 1953. Six years later, the first U.S. Surfing Championship was held in the city and was televised the next year, rocketing Huntington Beach's international reputation as a surfer's paradise. In 1963, the popular singing duo of Jan and Dean released their landmark single, "Surf City," and the "surf's up" image of Southern California, complete with woodies, surf wax and "two girls for every boy," was cemented into the public consciousness.
"We think Santa Cruz is a great city and we tried to come to an amicable agreement with these merchants," said Traub. "But sooner or later they are going to wake up and discover the truth that we're Surf City USA. These trademarks are the cornerstone for a revenue stream that's going to benefit our community, and we are going to protect them. We rightfully developed the brand, and Santa Cruz had nothing to do with it."
About the Huntington Beach Conference and Visitors Bureau
The Huntington Beach Conference and Visitors Bureau is the official designated marketing organization representing Huntington Beach, California. As one of the top Southern California vacation destinations featuring premier California beach resorts, Huntington Beach is the ideal location for a California family vacation, California weekend getaway or surfing trip. With eight and half miles of pristine California beaches, Huntington Beach is fast becoming a destination of choice for vacationers and business travelers alike. To plan your Surf City USA vacation or to learn more about Huntington Beach, visit the Huntington Beach Conference and Visitors Bureau Web site at www.surfcityusa.com or call 800-729-6232 for a free visitors guide.
Surf City USA(r) is a registered mark of the Huntington Beach Conference and Visitors Bureau.
The Huntington Beach Conference and Visitors Bureau logo is available at http://www.primezone.com/newsroom/prs/?pkgid=2774