TheBuzz
TheBuzz
Attorneys fight
for the right to partyBars, restaurants and merchants just about everywhere plan observances for Mardi Gras.
But the seemingly benign words "third annual," as they relate to a Mardi Gras party, have become fighting words between an event promoter and the neighborhood where her first two Mardi Gras events took place.
Indigo Eurasian Cuisine is among the Nuuanu Avenue businesses being accused of falsely crediting themselves with originating the event and staging the upcoming "third annual" Mardi Gras on Nuuanu.
But Lisa Kim, owner of event promotion company L.A.K. Enterprises and president of nonprofit The Victoria Foundation Inc., doesn't want the Nuuanu merchants using "third annual."
The trade name Mardi Gras Hawaii is among various iterations registered to Kim.
"We don't mind if they're having a party, that's fine," she said, but feels it is unfair for the merchants to claim to be originators of the event she produced with them.
Attorney and Victoria Foundation board member Renton Nip sent Indigo and others a letter Feb. 21 seeking retractions and warning of damage the foundation may suffer if it is "infringed by your use of a name, concept and production which is confusingly similar to VFI's."
The merchants were told in January that the foundation was taking its party elsewhere, citing liability concerns. This year's "Mardi Gras Hawaii" will be held in a parking lot at Ward Centers.
But Nuuanu Avenue will plow ahead with its pre-Lenten celebration, said David Stewart, co-owner of Indigo. On Feb. 19 the "Third Annual Nuuanu Mardi Gras Shuffle" was announced, precipitating the letter from Nip.
"And we're going to have more fun than her," Stewart said. "Hers' is over at 10, ours' doesn't finish until late."
Stewart took the matter to his attorney, Darryl H.W. Johnston.
Johnston's Feb. 25 response argues Nip's client has no legally enforceable rights to any Mardi Gras name and that "any legal action will not only be vigorously defended but we would be forced to seek sanctions."
The dispute will likely end with the two lawyer-letters. "I don't want to get into any big problem with them," said Kim.
In 1999 Kim registered the name "Hawaii Garlic Festival" under her name while a volunteer for Carole Kai Charities Inc., but later gave the name back and left the organization. Victoria Foundation has since organized garlic festivals to add to its fund-raising efforts for beneficiaries including the American Red Cross Hawaii Chapter, the Mary Jane program and Missing Child Center Hawaii. Last year's Mardi Gras and garlic festival raised $15,000, Kim said.
Erika Engle is a reporter with the Star-Bulletin.
Call 529-4302, fax 529-4750 or write to Erika Engle,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu, HI 96813. She can also be reached
at: eengle@starbulletin.com