Cup Trademark Victory for Sail America Group

The Sail America Foundation won another round in court Monday, this time in a battle over the right to use the words “America’s Cup” on merchandise to be marketed in conjunction with next week’s race.

Sail America, which is organizing the San Diego Yacht Club’s defense of the Cup, had taken San Diego entrepreneur Don Parisette to federal court over his formation of the “America’s Cup Club.”

Officials for Sail America contended that Parisette was misleading the public into contributing funds to him personally, in the belief that they were giving money to the Cup defense.

U.S. Magistrate Edward Schwartz ruled in favor of Sail America, granting a preliminary injunction against Parisette for trademark infringement, and confirming the sole and exclusive right of Sail America to own, use and license the America’s Cup trademark. The injunction extends a temporary restraining order against Parisette that was granted to Sail America earlier this month.

“The ruling is an endorsement of the orderly use and transfer of Cup trademarks established by the prior America’s Cup trustees,” said Sail America Senior Vice President Jane Ellison. “Like the (trademarks) themselves, this ruling will be passed from trustee to trustee.” The yacht club sponsoring an America’s Cup winner becomes the trustee of the Cup.

“Not only do our licensing agreements raise money to support the event, but through our host program, Sail America will issue a free license to any local business that agrees to maintain fair prices,” Ellison said.