New documents in Lizzie Borden House case hint at both sides' legal strategy
FALL RIVER — New court filings offer some insight into the ongoing legal dispute between two Lizzie Borden-centered businesses in the city.
In August, Miss Lizzie’s Coffee, a Lizzie Borden-themed coffee shop opened next to the Lizzie Borden House on Fall River’s Second Street.
The house is a bed and breakfast and museum dedicated to the story of Lizzie Borden, who was accused of murdered her father and stepmother there with an axe in 1892.
U.S. Ghost Adventures, which owns the Lizzie Borden House, filed a lawsuit last month against Miss Lizzie’s Coffee and its owner Joe Pereira claiming the latter is intentionally making customers think that the coffee shop is connected to the Lizzie Borden House and violating trademarks and other laws.
Borden battle: Lizzie Borden House owner sues Lizzie-themed coffee shop in Fall River
U.S. Ghost Adventures wants a restraining order
In a request filed on Oct. 10, U.S. Ghost Adventures asked for a temporary restraining order and preliminary injunction against Miss Lizzie’s Coffee and Pereira, which would block them from using what they claim are trademarked imagery while the case unfolds.
They say the coffee shop’s use of the Lizzie Borden imagery while the case makes its way through court would seriously harm the older business.
“The confusion regarding the Defendants’ use of the Infringing Marks creates a significant risk of harm to Plaintiff as it cannot control the nature or quality of Defendants’ services nor the public’s perception of them,” attorneys for U.S. Ghost Adventures wrote in a filing about the request.
Money damages awarded at the end of the cause would not make up for harm done to the Lizzie Borden’s House’s reputation in the meantime, they argue.
There will be an in-person court hearing on the motion for a restraining order and injunction on Oct. 23.
Lizzie Borden House employees say the coffee shop hurts business
Other court documents filed on Oct. 10 include nine different testimonials from workers at the Lizzie Borden House and others who say they’re already witnessed confusion caused by the new business.
Emily Trefrey, a tour guide and housekeeper at the house, said she has had to tell customers who bring coffees they bought at Miss Lizzie’s Coffee outside as the house doesn’t allow outside beverages.
'Infuriating': Ghost tours nationwide have an axe to grind with Lizzie Borden House owner
“They get upset and ask why they should have to leave it outside, since they bought it from us next door. I then remind them that they are a different business,” she wrote. “It makes my job more difficult, and makes some guests upset, which is not good for the guest experience.”
Josef Kruger, director of operations for U.S. Ghost Adventures, wrote that a city employee from Fall River called him after seeing a sign for the coffee shop and asked why the ghost tour company had not called the city to discuss “our new business in the building next door named Miss Lizzie’s.”
Miss Lizzie’s Coffee denies any wrongdoing
In an answer to the charges, Pereira and Miss Lizzie’s Coffee deny that they’re infringing on any of the Lizzie Borden House’s trademarks and argue they have a First Amendment right to using the imagery in their business.
In a document filed Oct. 10, attorneys for the defendants argue that the coffee shop does not infringe on copyright laws in part because it does not offer restaurant services; U.S. Ghost Adventures holds trademarks for using the name Lizzie Borden for hotel and restaurant services. And, they say that the imagery used in the coffee shop is not “identical or nearly identical” to ones covered by a trademark. U.S. Ghost Adventures has a trademark for a specific hatchet imagery and has argued that the hatchet used on the coffee shop’s sign is too similar.
Did Lizzie Borden use an alias? 5 facts you never knew about Fall River's infamous murders
They also argue that U.S. Ghost Adventures are not the true trademark holders for the designs in question. Court filings from the plaintiff show the Lizzie Borden House legally transferring Lizzie Borden-related trademarks to the ghost tour company.
They say the coffee shop poses no threat of confusion for the public and that it “notes prominently at its place of business that it has no affiliation with the business allegedly owned by Plaintiff next door.”
Their use of Lizzie Borden-related imagery is “solely to refer to and evoke historically-significant persons and events to the Fall River community in which it is based, with no reference to the business allegedly owned and operated by (U.S. Ghost Adventures).”
Pereira and Miss Lizzie’s Coffee are requesting that the complaint be dismissed and that the court requires U.S. Ghost Adventures to pay their legal fees and other costs related to the case.
This article originally appeared on The Herald News: Lizzie Borden House lawsuit against Fall River coffee shop moves ahead
