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DWC Sues Chamber, Claims Trademark of Westfield‘W by PAUL J

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DWC Sues Chamber, Claims Trademark of Westfield‘W by PAUL J Mailed to all residents in Westfield and Garwood to promote voter awareness of the municipal candidates and the election on November 8. ‘05 Ad Populos, Non Aditus, Pervenimus Published Every Thursday Since September 3, 1890 (908) 232-4407 USPS 680020 Thursday, November 3, 2005 OUR 115th YEAR – ISSUE NO. 44-2005 Periodical – Postage Paid at Westfield, N.J. www.goleader.com [email protected] SIXTY CENTS DWC Sues Chamber, Claims Trademark of Westfield‘W By PAUL J. PEYTON met Monday and voted not to pursue Specially Written for The Westfield Leader a court battle due to the potential high WESTFIELD — The Westfield cost of legal fees. WACC Board Chair- Area Chamber of Commerce (WACC) man Hans Winberg said his biggest this week reluctantly agreed to de- concern was that the DWC would stroy 1,000 gift cards following a seek payment of legal fees. legal challenge by the Downtown In a letter to U.S. District Judge Westfield Corporation (DWC) over William Martini on Monday, WACC the chamber’s use of a stylized “W” attorney James Estabrook stated that PRIOR USE?...Chamber of Commerce Gift Coin from past years. confusion between the Westfield Area Chamber of Commerce and the Downtown Westfield Corporation, which may be created by using our signature design.” In a follow-up letter from Ms. Boccadoro to Chamber Executive Di- rector Allison O’Hara dated October James Rossiter for The Westfield Leader 12, the DWC claimed use of the “W” FIRST RESPONDERS…Westfield Firemen are sworn in for their promotions at a ceremony before a crowd of family and constituted “a direct infringement of supporters at town hall on November 1. The following 2005 promotions and new hire were announced: Deputy Chief David the DWC’s senior rights in and to this Kelly effective January 24; Lt. James Dannevig effective January 24; Captain Robert Buccino effective May 5; Lt. James trademark under federal, state and Ryan Jr. effective May 5 and Probationary Firefighter Benjamin Corbin effective July 4. Pictured above, from left to right, common laws.” are: Westfield Fire Chief Daniel Kelly, Firefighter Corbin, Lt. Dannevig, Captain Buccino, Lt. Ryan and Deputy Chief Kelly. Ms. Boccadoro, a Hoboken attor- DISPUTED “W”...The Downtown Westfield Corporation (DWC) is suing the ney who identified herself in corre- Westfield Area Chamber of Commerce for using the “W” shown on the gift cards spondence as the trademark counsel Voters to Decide Mayoral, Council intended to be issued this Christmas. The DWC claims that the “W” is its common- to the DWC, said “The DWC inde- law trademark (used on street banners, shown below). Pictured also is the gift coin pendently commissioned the design issued by the Chamber in the past with prior use of the “W.” See story on this page of the ‘W’ mark in November 1997.” and editorial on page 4. Upon receipt of Ms. Boccadoro’s Governor, State Assembly Races letter, Mr. Hans Winberg responded in By PAUL J. PEYTON District 22, which includes Scotch mayor’s office. on the cards. The DWC had charged while the chamber “strenuously dis- a letter to Mr. Martone dated October Specially Written for The Westfield Leader Plains and Fanwood, Assembly- When Mr. Jardim was elected in the chamber’s use of the putes any such claim to 19: “On behalf of the (chamber) board AREA – Voters will go to the polls woman Linda Stender of Fanwood 1996, he became Westfield’s first “W” represented an in- trademark” by the DWC, I wish to express its dismay at both the Tuesday to cast ballots in a number of and Assemblyman Jerry Green of Democrat to serve as mayor in 85 fringement on its trade- the chamber board of di- tenor and content of the correspon- races and to vote on two questions. Plainfield are opposed by Scotch years. He was reelected in 1998. The mark. rectors voted Monday dence. It reflects a low point in the At the top of the ballot this year is Plains Councilwoman Nancy Malool Westfield Republican Committee The DWC’s attorney, morning not to pursue the relationship between the two organi- the election of the state’s new gover- and Elyse Medved of Rahway. appointed Mr. Skibitsky, who was Valerie Boccadoro, filed matter in the courts. Cham- zations, which have the common goal nor, a race between first-term Demo- At the county level, Republicans are elected to the town council from the papers on Monday in fed- ber officials said Monday of supporting and promoting the busi- cratic U.S. Senator Jon Corzine and attempting to gain seats on the nine- third ward in 2002, to fill the vacant eral court in Newark seek- that the board did not want nesses in downtown Westfield.” Republican businessman Doug member freeholder board for the first mayoral position in June of this year ing a permanent injunction to spend chamber In an interview in The Westfield Forrester. time since 1997. Union County Clerk after then-mayor Greg McDermott against the WACC’s use of DWC Banner membership’s dues on a Leader’s office on Monday, Mr. Voters will also decide whether Joanne Rajoppi, a Democrat, is seek- moved out of town. the “W” in the future. In costly legal fight. Winberg stated that, “Our members New Jersey will create the office of ing her third five-year term. Sandy Fanwood voters will select two addition, the 100-page document The chamber was notified on Sep- will think this is dopey and that it lieutenant governor. If this question Spector, a Plainfield-area caterer who members of to the borough council to seeks payment of all legal fees in the tember 22 through correspondence won’t happen again.” He said he had were approved, the lieutenant gover- chairs the city’s GOP committee, is replace the retiring Stuart Kline and matter. from DWC Chairman David Martone. asked DWC Executive Director nor would be elected on the same challenging her. As of the June pri- Andrew Calamaras, both Republi- The chamber’s board of directors He said the DWC didn’t want “any Sherry Cronin if the chamber could ticket as the victorious gubernatorial mary, Democrats held 85,432 in regis- cans. Democrats are looking to gain a use the “W” logo on its gifts cards and candidate, the same way the nation’s tered voters in Union County, as op- 6-0 majority on the council in addi- that Ms. Cronin had agreed to the use. president and vice president are posed to county Republicans’ 38,211. tion to holding the mayor’s office. 2004 Bookkeeping Mr. Winberg said the gift cards elected. In Westfield, voters will decide the In Garwood, voters will select two were intended to replace the In the 21st Legislative District, mayoral contest between current act- members to the borough council from WACC’s gift coins, which he said which includes Garwood, ing mayor Andrew Skibitsky and among four candidates, while cost the WACC money. He said the Mountainside and Westfield, incum- former mayor Tom Jardim, as well as Mountainside incumbents Paul Audited at MS-BOE gift cards are intended to produce bent Republican Assemblymen Jon four council races. Incumbent Coun- Mirabelli and Keith Turner seek re- By BETSEY BURGDORF failure on both school districts.” revenue for the chamber. The cham- Bramnick of Westfield and Eric cilmen Rafael Betancourt and Larry election in their borough’s council Specially Written for The Westfield Leader Mr. Morrison stated that to the ber intends to produce new gift cards Munoz of Summit are running against Goldman are not seeking reelection. race. MOUNTAINSIDE - At the Tues- board’s credit, “you have addressed a with a different logo, possibly uti- Democrats Steve Merman of Cranford The GOP currently enjoys a 7-1 In Plainfield’s mayoral race, board- day night meeting of the Mountainside significant portion of this problem lizing the “W” as depicted in the and Bruce Bergen of Springfield. In council majority in addition to the of-education member Sharon Board of Education (BOE), members already.” Recently hired Business “Welcome to Westfield” sign on the Robinson-Briggs is running unop- listened to a report from the account- Administrator Rod McLaughlin was South Avenue train overpass. The posed. Current mayor Al McWilliams ing firm of Hodulik and Morrison instrumental in changing the word- WACC has requested the DWC pay WF Council Discusses was bounced by the Union County regarding the audit from the 2004- ing in the contract with GL to elimi- half the $1,000 costs of reproduc- Democratic Committee and replaced 2005 school year. nate overpayment in the future. ing the cards. on the line by Ms. Briggs. Robert Morrison, a certified public “Billings under the new contract Town Attorney Robert Cockren Homecoming for Soldiers The mayor, who lost reelection by accountant with the firm, reported have been adjusted,” Mr. Morrison said “it’s not crystal clear” whether By MICHAEL J. POLLACK (Rahway) should be included for any 325 votes, went to court to run as a that the audit revealed 30 areas in said. the DWC is permitted under state Specially Written for The Westfield Leader work done.” Republican. After an initial victory in need of improvement. Other suggestions made included statute or municipal ordinance to WESTFIELD — Tuesday night, Mayor Andy Skibitsky agreed, say- state Superior Court, an appellate “This has been the most challeng- breaking down line items in the bud- hire an attorney to sue another en- the Westfield Town Council discussed ing, “the sooner we get that done, the court panel overturned the decision. ing audit I have ever been involved in. get into separate classifications.
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