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News (Media Awareness Project) - US NY: Hempfest Organizer Feels Heat From Yankees
Title:US NY: Hempfest Organizer Feels Heat From Yankees
Published On:1998-09-02
Source:Daily Gazette (Schenectady, NY)
Fetched On:2008-09-07 02:02:19
HEMPFEST ORGANIZER FEELS HEAT FROM YANKEES

JOHNSTOWN - The hemp festivals held the past two summers by Ina Kurz at her
Rockwood General Store were expected to draw criticism from authorities. But
the New York Yankees?

Even the New York Yankees got embroiled in the Aug. 8 ``Woodrock '98"
hempfest.

Kurz is blaming Johnstown police for her problem with the Yankees and has
filed a notice of claim against Fulton County.

Meanwhile, Johnstown Mayor William Pollak vehemently defends his police
officers and said the city is contemplating suing Kurz.

Kurz said she is being wrongly blamed by the Yankees for unauthorized
hempfest promotional posters decorated with the interlocking N-Y logo. In
her claim, she said the flier "is a computer printout and a child's drawing"
by someone she said "is obviously a fan of the Yankees."

She is seeking an unspecified sum in compensation from the city, alleging
Johnstown police faxed a copy of the unauthorized flier to the Yankees "and
told them it was my commercial advertising."

Pollak finds Kurz's claim ludicrous. "I think the police have done a
terrific job of following up on that," he said of contacting the Yankees.

He said the fliers, depicting two smiling marijuana users sitting under the
Yankees logo and smoking from a water pipe, were glued to numerous utility
poles throughout the city.

"From my perspective," he said, "we ought to be suing her for defacing
public property. Who does she think she is?" he asked. He said city
officials are contemplating filing legal action against Kurz.

"I was glad they did that," Pollak said of Johnstown police contacting the
Yankees. "If she gets in trouble for that, she deserves it," he said.

"Every pole on Main Street had those horrible green things plastered on
them," he said of the fliers.

In her claim, Kurz said the Johnstown police action "is obviously a police
error or entrapment."

Kurz said her official festival fliers bear the logo she created, an eight
ball with a skull. With the claim, she enclosed a copy of her fliers and one
bearing the Yankees logo.

Also enclosed is an Aug. 12 letter from Yankees staff counsel Andrew D.
Baharlias advising Kurz to cease and desist in her use of the "famous and
distinctive interlocking NY (the `Mark'). We write concerning your
unauthorized use of the Mark in connection with your poster advertising the
Rockwood Hempfest."

Informing Kurz the Mark is exclusive property of the Yankees, Baharlias said
the festival flier "infringes it, and created the false impression and
likelihood of confusion that the Yankees authorized, sponsored and is
associated with your commercial activities, in violation of trademark laws."

To assess damage done to the Yankees by the infringement, the lawyer directs
Kurz to send the organization a detailed description of any material bearing
the logo and "a detailed accounting of all revenues attributable to your use
of the Mark."

The Yankees lawyer gives Kurz five days to respond in writing with an
acknowledgement she agrees to the terms of the letter. Kurz said she
responded by return-receipt letter and sent them a copy of her claim against
the county. She said Tuesday that she informed the Yankees that her fliers
were commercially printed and the ones that used the Yankees Mark were from
a renegade follower.

Checked-by: Don Beck
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