Sean C. Morgan
The Willamette Country Music Festival has filed a lawsuit in federal court against Bi-Mart and Willamette Country Concerts seeking an injunction to stop the promotion of the “Willamette Country Music Festival” in Brownsville and seeking compensation for damages.
The lawsuit also lists Don Leber, Bi-mart’s director of marketing, and Anne Hankins, former bookkeeper for the Willamette Country Music Festival and owner of Willamette Country Concerts.
The suit, filed Jan. 11, lists seven complaints against the defendants and one additional complaint against Hankins:
False designations of origin and false advertising.
Federal trademark dilution.
Cyberpiracy.
Common law appropriation of name or likeness.
Common law unfair competition.
Misappropriation of trade secrets.
Interference with a business relationship.
The eighth complaint, against Hankins only, alleges that she deposited WCMF money into her personal bank account.
WCMF is asking the court to grant an injunction to stop the defendants from advertising or promoting the Willamette Country Music Festival for 2011; engaging in any other activity constituting unfair competition with the plaintiff and acts that deceive customers, the public, the media, vendors and suppliers; diluting the WCMF trademarks and designs; falsely representing that the goods and services of the plaintiff are authorized by the plaintiff; disclosing trade secrets.
The lawsuit asks that the defendants be ordered to recall tickets, advertising brochures and any other promotional material to be delivered to the plaintiff for destruction. It asks for an accounting by defendants of all gains, profits and advantages derived from the defendants’ alleged actions.
The suit seeks an as-yet-undetermined award of compensation for damages.
The WCMF also alleges that Hankins deposited some $30,000 of festival funds into her personal bank account.
As a result, bills went unpaid. The suit contends the defendants conspired to produce and advertise a similar festival of their own scheduled for August 2011 using the same name, Willamette Country Music Festival; using the same event location used by the plaintiffs in the last two years; and using similarly designed event tickets, event Web sites and advertising, said festival founder Warren Williamson, who identifies himself as WCMF owner, in a statement to the media.
Bi-Mart officials declined to comment on the lawsuit.
Williamson said the defendants have claimed to customers, performers, newspapers, sponsors, other media and the general public that they are the same festival as has been previously produced by plaintiffs for the previous three years but claiming the upcoming event is “under new management.” The suit alleges the defendants are misrepresenting themselves to ticket holders, sponsors, vendors and media outlets.
He said regional advertising created and purchased by Bi-Mart clearly shows the defendants continue to use the name “Willamette Country Music Festival” even though that corporate name is still under the sole ownership of Williamson and has been since the event was created in 2007.
“No question this has been an extremely difficult time over the last several months, but I’m pleased we’re finally able to present the facts of what really occurred after the 2010 event,” Williamson said in the media statement.
“There’s no question in my mind what Bi-Mart and the rest of the defendants did and continue to do was despicable and wrong. I find it deplorable that Bi-Mart’s President and CEO allowed these actions to continue and take place.
“In light of the current economy and the struggles of small business owners throughout the state, it should never be OK for a large corporate chain like Bi-Mart to feel it’s appropriate to use their influence and resources to overpower the small business person and simply take what isn’t theirs.
“I truly believe the law will hold these defendants accountable for their inappropriate and illegal behavior as well as their dishonesty toward all of the current ticket holders, artists, sponsors, vendors and volunteers. Business is built on trust and honesty and that trust has been broken by these individuals.”