Wolf Trap Foundation Sues Tiny Arts Center in Rural County Over the use of ‘Barns’
The Wolf Trap Foundation, based in Vienna, Virginia has filed suit in Federal court in Alexandria, claiming trademark infringement against a tiny not-for-profit organization more than 50 miles and two counties away asserting that their use of “The Barns of Rose Hill” in Berryville will confuse Wolf Traps patrons.
Wait, what?
Berryville sits west of the Blue Ridge mountains and across the Shenandoah River, yet the performing arts juggernaut has hired the DC firm Arent Fox LLP to file suit against the bucolic outpost for the arts.
The suit filed on December 14th 2001 in U.S. District Court in Alexandria states that The Barns of Rose Hill, by the use of its name, will confuse Wolf Trap’s patrons and concert-goers and thus harm Wolf Trap’s concert and cultural activities business.
In what amounts to a classic David and Goliath story, the Wolf Trap Foundation seems to have made a massive public relations blunder. The community organization they are now suing has an annual budget of $150,000 a number which Ann St. Clair Lesman, Chair of the Board of Directors for The Barns of Rose Hill, says is roughly one-third of the salary for the CEO of the Wolf Trap Foundation.
The genesis of the project and the name has a clear lineage in the Town of Berryville where it stands. “Rose Hill” was a dilapidated farm donated to the town in 1964. In the 1970s civic leaders proposed that it be turned into an arts center. In 1978 the mansion burned, so the plan shifted to the property’s two dairy barns. Over the next forty years, the barns fell into increasing disrepair as the town lacked restoration funds and several citizen efforts fell short.
Then in September 2004, the present group of local volunteers, organized The Barns of Rose Hill as a nonprofit. In a six year effort, they raised the $2.4 million necessary to transform the old barns into a 21st Century arts and visitors center. The Barns of Rose Hill is the largest private undertaking in Clarke County, Virginia, and represented a true community effort.
One week after its Grand Opening on September 6, 2011, Wolf Trap attorneys sent The Barns of Rose Hill a letter asserting trademark infringement.
A month later on October 7, 2011, Wolf Trap filed application with the U.S. Trademark Office to attempt to lock down “The Barns.”
Finally a summons was served on The Barns on Thursday January 12, 2012.
Residents are outraged at the lawsuit. Comments are pouring in from all over the area decrying what residents call “Bullying with Cash.”
Unfortunately this may turn out to be a losing battle for the little guy in the fight. Lesman said that the Barns cannot possibly go up against a giant foundation like Wolf Trap in court whose annual operating budget is in the range of $28 million. They have however started a fund to “Save our Name,” and plan to raise money for the fight. For more information visit their website at www.barnsofrosehill.org
Reposted with permission from the Fairfax Daily-Monitor
Short URL: http://www.news.synavista.com/?p=17518
Posted by News Staff
on Jan 18 2012. Filed under Berryville News, Fairfax County, Headline, McLean, Winchester News.
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