 |
||||||||
 |
||||||||
|
||||||||
|
Vinoy House keeps name
By MARK ALBRIGHT, Times Staff Writer
ST. PETERSBURG -- A tiny bed and breakfast has won a legal battle with corporate lodging giant Marriott International. U.S. District Judge Richard Lazzara has ruled that Vinoy House, a six-room B&B at 531 Beach Drive NE in St. Petersburg, does not violate Marriott's trademark for the 360-room Renaissance Vinoy Resort across the street. While jubilant, Vinoy House owner Michael Roberts noted Friday that the fight took a toll. He had to sell one of his two other investment properties to help pay a $50,000 legal bill. He had to cut his advertising, which he blamed for his business being down about $8,000 in January. He was sick to his stomach through much of the four-day trial. "It's been a real stressful time," said the former assistant manager of a Home Depot store. "This was truly a case of a big corporation going overboard. We have a great relationship with the management of the hotel itself who didn't have anything to do with this." Roberts has used the Vinoy House name since 1999. He contended that the old home has been called that informally since it was built by Aymer Vinoy Laughner, the son of a Pennsylvania oil baron who was one of the bigger hotel's developers. "People were always saying 'Did you know this was Vinoy's house?' " Roberts said. Marriott officials have not decided whether to appeal the decision. However, Lazzara ruled the Bethesda, Md., hotel company, which was seeking $1.5-million in damages from Vinoy House, did not have to pay for Roberts' defense. Marriott attorney Michael Grow claimed a partial victory. Lazzara validated the company's trademark and restricted Roberts' ability to sell or license the name to others. Marriott, which acquired the rights to use the Vinoy name on hotels, restaurants and marinas when it bought the renovated historic hotel, argued that the neighboring Vinoy House was causing confusion in the marketplace. The hotel company contended Roberts had adopted the Vinoy name in bad faith. It said tourists sometimes ended up at the B&B when they were seeking the big resort. Roberts countered that Marriott had long acquiesced by failing to enforce its trademark in his use of the name. Nobody objected during his B&B's first three years. In fact, a former Renaissance Vinoy manager testified he gave his endorsement before Roberts paid $206,000 for the rundown house in 1998, then spent another $150,000 fixing it up. Another former manager recalled no confusion among guests during his tenure and doubted anyone would confuse the bed and breakfast with a full-scale resort. They all frequently sent guests to Roberts' place when the big hotel was full. The judge decided Roberts presented enough evidence that the Vinoy name was commonly used by other St. Petersburg businesses. Roberts counted 36 of them in addition to nearby Vinoy Park and the Vinoy Basin. "I think it proves that sometimes the little guy can win," said Tori Frasca, a friend who has been helping Roberts run the landmark home. After Lazzara's ruling on Thursday, Roberts' legal team rented a limo and took him for a victory dinner celebration that ran into the early hours of the morning in the clubs of Ybor City. "It was Michael's party," said his attorney David Sockol. "It's tough when a multibillion dollar corporation tries to squish you like a grape." -- Mark Albright can be reached at albright@sptimes.com or (727) 893-8252.
 © 2006 • All Rights Reserved • St. Petersburg Times
490 First Avenue South • St. Petersburg, FL 33701 • 727-893-8111 
|
From the Times Business report
From the AP
|
