A Wayne County judge privately aims to snatch the Detroit RiverWalk name from the nonprofit group that built one of Detroit's premier recreational spots and plans to profit off the brand name by peddling T-shirts, hats and hoodies.
Judge Terrance Keith of Wayne County Probate Court filed two trademark applications last month for the names "The Detroit RiverWalk" and "RiverWalk Detroit," according to the U.S. Patent and Trademark Office.
The move surprised Detroit RiverFront Conservancy officials, who admit they failed to trademark the name after the RiverWalk debuted in 2007. The move to sell merchandise stamped with the RiverWalk name could mean, if unchallenged, the nonprofit loses a potential revenue stream at a time when the riverfront is poised for expansion.
"I'd like to give a portion of the proceeds to them, but not all," Keith said. "If I can use this to further benefit agencies, OK, and still make some money for myself, that is what I would like to do."
The conservancy, launched in 2003 to boost public access to the riverfront and stimulate economic revitalization, was unaware of Keith's trademark applications until being told by Crain's Detroit Business.
"I don't think anyone is upset. It's too early for any feelings like that," said Marc Pasco, the conservancy's communications director. "Our next step is to find out what his intentions are."
The RiverWalk is a 3.5-mile path that stretches from Gabriel Richard Park near the Belle Isle bridge west to Joe Louis Arena. Once finished, the RiverWalk will span an additional two miles from Joe Louis Arena to the Ambassador Bridge.
An $80 million project transforming the east and west riverfront has drawn donations from the Troy-based Kresge Foundation, Battle Creek-based W.K. Kellogg Foundation and New York City-based Ford Foundation.
The 20-acre west RiverWalk opened in July 2014 with three pathways and space for outdoor concerts on the site of the former Detroit Free Press printing plant.
The conservancy ended 2013 with more than $118.5 million in net assets, but total revenue fell 36.2 percent to $12.9 million, according to the nonprofit's most recent tax filing.
Today, the RiverWalk continues to serve as a sort of connecting glue for the riverfront investment both announced and pending.
Crain's first reported in November that General Motors Co. and Dan Gilbert's Rock Ventures LLC are working to develop more than 20 acres along the Detroit River east of the Renaissance Center.
The development, south of Jefferson Avenue, would combine multifamily units, retail and other uses, sources said.
The project would be the largest Detroit development site involving Gilbert, the founder and chairman of Detroit-based Quicken Loans Inc. and Rock Ventures.
Keith said moving to trademark the Detroit RiverWalk name is his attempt to spotlight the "innate beauty of Detroit," an effort that gained momentum after he published Sunrise on the Detroit River, A Love Letter to Detroit, a 2014 collection of photographs taken by the judge.
"No one in Detroit or anywhere bothered to look at the innate beauty of the river and thought about what it meant and what it means to people who have endured difficult days," Keith said.
The book and the reception from readers sparked an idea about trademarking the RiverWalk name.
"I was surprised to discover that it had not been trademarked," Keith said.
So was Pasco, the conservancy communications director.
Conservancy officials have talked about offering branded items for sale, he said, but so far do not.
Conservancy officials also have contacted their lawyer to verify that the name was never trademarked before Keith did so, Pasco said.
"That was before my time. I would guess at some point in time we did that or should have done that," Pasco said.
According to the federal trademark database, the conservancy has one live trademark, for the words "Detroit International Riverfront."
That trademark was registered in 2008.
After learning that "Detroit RiverWalk" was up for grabs, Keith filed the trademark applications Dec. 13.
"I said, 'Well, maybe God is giving me an opportunity to do something with this,' " Keith said. "For a person who genuinely has affection for the river, the RiverWalk and Belle Isle, this is an opportunity for me to help shape the image of the RiverWalk, along with the conservancy, in a way that is beneficial in a broader perspective."
If the filing does result in a trademark spat, it won't be an uncommon event.
In 1992, a federal judge blocked a man from selling T-shirts and merchandise emblazoned with the words "Camden Yards" and ruled the state of Maryland owned the name.
"You have to understand a really important premise of trademark protection is you only get trademark rights from the use of the mark, not registration," said John Rothchild, an associate law professor at Wayne State University who specializes in trademarks.
"I don't know what grounds (Keith) would have asserted to register it," Rothchild added.
The conservancy can fight the trademark applications and argue that granting Keith's requests could cause confusion among the public about whether the merchandise is being sold by the conservancy, he said.
"They can say, '(Keith) can't register this mark because we have prior rights and have been using it before he was using it,' " Rothchild said.
http://www.crainsdetroit.com/article/20 ... ium=social
Fuck this guy with a sharp dildo. And fuck him even harder for being one of those prosperity gospel douchebags who thinks the invisible old man in the sky wants him to have lots of money.
