What’s in a Name? For One Thing, a Legal Fight Over Who’s Best

An argument over who’s the “Best of LA” could be shaping up as the best legal squabble L.A. has seen in a while.

Los Angeles magazine has gone to court to prevent a promoter staging this weekend’s “Best of LA Festival” in Santa Monica from using the “Best of” name.

The magazine says it owns the trademark to the name.

But promoter Howard Mauskopf says he’s the one who coined the phrase in 1994 and therefore has the right to use it.

May the best man win.

Mauskopf has organized and operated annual “Best of LA” festivals for the last four years, previously with the magazine in a sponsorship role.

However, he was sent scrambling to find a new name for this year’s festival after Los Angeles magazine obtained a temporary restraining order July 7 blocking the use of the term.

The festival--which runs through Sunday outside the Santa Monica Civic Auditorium--opened last night without a real name.

“I’m saying ‘The Best Is Back’ and ‘There’s Only One Best,’ ” Mauskopf said. Advertising printed since the court ruling variously calls the festival “Los Angeles’ No. 1 Festival” and “In All of L.A., There’s Only One Best!”

But Los Angeles magazine apparently doesn’t feel Mauskopf is doing his best.

Magazine lawyer James Nguyen said Friday that some advertising fliers, newspaper listings, broadcast announcements, Mauskopf’s Internet Web site and his toll-free phone number are still referring to his festival as “Best of LA.” So even though the festival will be over, the magazine is prepared to return to court next week for a preliminary injunction against the promoter’s future use of the phrase.

“No, we’re not satisfied. It will be up to my client if they want to consider seeking a contempt citation,” Nguyen said. “ . . . It’s clear that the magazine owns the name.”

Los Angeles magazine terminated its relationship with Mauskopf after last year’s “Best of LA” festival because of the magazine’s concerns about the quality of the event, Nguyen said. What had started at Universal Studios in 1996 was now a Santa Monica event “basically in the parking lot of an auditorium. . . . The ambience was gone,” he said.

Nguyen said the magazine is worried that the public will confuse Mauskopf’s festival with a Wolfgang Puck event, the 18th Annual American Wine and Food Festival. The magazine is helping sponsor that event at Universal Studios in September under the “Best of LA” name.

Adding to the confusion is the fact that Wolfgang Puck is listed as a featured food provider at Mauskopf’s Santa Monica festival.

Mauskopf said his festival is a high-quality event that should attract about 25,000 visitors for concerts, demonstrations by chefs, lectures and exhibits. Admission is $10 for adults, $5 for senior citizens and $2 for children.

According to Mauskopf, he signed a contract in 1996 giving Los Angeles magazine the rights to the name “Best of LA” by mistake.

“I was in a rush and signed the agreement without counsel. I screwed up. I made a mistake and I’m paying for it,” Mauskopf said.

Mauskopf isn’t the only person using the “Best of LA” name, however. Along with Los Angeles magazine--which published a “Best of LA”-themed edition this month, the L.A. Weekly newspaper also produces an annual “Best of LA” edition.

The Los Angeles New Times newspaper also publishes a “Best of LA” issue each year, but it uses a variation of the name. This year’s was called “L.A. Dolce Vita--2000 Guide to the Best of Los Angeles” to avoid any legal fight, editor Rick Barrs said.

As for the three competing “Best of” editions, the jury is still out on which is the “Best of LA.”