Florida Keys News - Islamorada/KL Free Press
Wednesday, May 20, 2009
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Conch Republic figurehead sues group

KEY LARGO -- The man who has promoted Conch Republic Days in Key West for the past 18 years has counter-sued the Upper Keys Business Group and restaurant owner Howard Kolbenheyer individually for unspecified damages for hosting a festival with a similar name.

The UKBG had asked the court earlier to clarify whether it had a legal right to hold a Conch Republic Days Northernmost Territories celebration in April. A ruling was not rendered before the event, which the group held over a 10-day period in late April.

Peter Anderson, the Key West-based Secretary General of the Conch Republic, responded to the UKBG lawsuit with a demand for a jury trial and a counterclaim that asks for unspecified damages. It also demands that the UKBG and Kolbenheyer be forbidden from "diluting Anderson's" 18-year claim to Conch Republic celebration rights.

"This is not about money," he said. "I wasn't asking for anything."

Anderson said he was willing to oversee the Upper Keys event, but said the group reneged on an agreement.

"They offered me $3,000 and 50 percent of any net proceeds from the festival," he said. "I told them 'fine,' but they later offered me $1,500. I again said 'fine.' They never followed through with the $1,500.

An officer of the UKBG refutes Anderson.

"[Anderson] presented a contract that asked for 50 percent of the proceeds," said Robert DiGiorgio, UKBG vice president. "He never offered any help or guidance. There was always a price on it. I don't understand why he says this isn't about money. That's all it has ever been about."

Anderson blames the UKBG attorney for the legal dispute.

"In my opinion the whole thing broke down when their attorney, Eric Griffin, found that I do not own a trademark on the 'Conch Republic' name," Anderson said. "He advised them that they didn't need to get my permission. That broke my heart. ... I provide Conch Republic-theme community festivals. Any public utterance of the name Conch Republic has to be cleared by me."

Griffin shrugged off Anderson's claim.

"Opinions vary," he said. "He is entitled to his opinion, but not the facts," he said.

Earlier in the year, Anderson was successful in persuading the Monroe County Commission to withhold $18,500 in funds the Tourist Development Council had earmarked for the Upper Keys festival.

"I didn't think it proper for public tax dollars be used to steal from me," he said.

But Anderson says the door is still open.

"I stand ready to sit down with them to create a licensed festival tomorrow," Anderson said.

Anderson's suit also names UKBG member and Snapper's owner Kolbenheyer as a defendant and asks the court to prevent him from "[diluting] and unfairly [competing] with Anderson's intellectual property rights."

Kolbenheyer, who in the past has hosted a Conch Republic event at his restaurant in coordination with Anderson, was not available for comment before press time.

Both the Upper Keys and the Key West Conch Republic festivals were held as planned from April 17-26. Both included bed races, conch shell blowing contests, the burning of a mock-up of the Jewfish Creek Bridge and other events commemorating the 1982 Border Patrol blockade at the top of the 18-Mile Stretch following a mass migration of refugees from Muriel, Cuba.

The Keys, as "The Conch Republic," seceded from the United States in a satirical ceremony, declared a mock war and then surrendered to ask for foreign aid.

sgibbs@keysnews.com

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Nothing is original

"Nothing is original. Steal from anywhere that resonates with inspiration or fuels your imagination. Devour old films, new films, music, books, paintings, photographs, poems, dreams, random conversations, architecture, bridges, street signs, trees, clouds, bodies of water, light and shadows. Select only things to steal from that speak directly to your soul. If you do this, your work (and theft) will be authentic. Authenticity is invaluable; originality is non-existent. And don’t bother concealing your thievery - celebrate it if you feel like it. In any case, always remember what Jean-Luc Godard said: “It’s not where you take things from - it’s where you take them to." By the way, I stole this from someone else.

THIS.

And I shall steal your entire post from You. THIS is why I wade ever so painfully through these messages. Peter really does need to receive at least a thousand copies of this. Can we do it? I think we can. Thank You.

Mr. Anderson - Get off your high horse!

Mr. Anderson is delusional if he truly thinks that he can be the sole claimant of anything to do with the Conch Republic. His greed is apparent; instead of seeing an opportunity to unite the Florida Keys with a single festival his pride has gotten in the way and it has led to these pointless lawsuits over something that is NOT his intellectual property. As all of the Florida Keys are a part of the Conch Republic, it is the same as telling any town in the United States that they are not allowed to have a 4th of July parade/celebration even though they are citizens of the country because the celebrations are the intellectual property of Thomas Jefferson and we don't have his permission. Well what happens when Mr. Anderson meets his maker? Is that the end of the Conch Republic as we know it? Ridiculous.

It's about money

One thing that is ALWAYS true... whenever anybody says "it's not about money," it is ALWAYS ABOUT MONEY! It is ironic that the people who really came up with the idea of the Conch Republic never made any money on it, or the flag. (Sir) Peter Anderson was not even in the Keys is 1982, yet he adopts the universal "We" to include himself. Anderson's "intellectual" property is limited to a couple of bad puns that he has developed over the years. Yet, according to his own pompous words, "I stand ready to sit down." That's what I call an Oxy-MORON.

Conch Repubic Independence

Talk about originality, the Upper Keys Business Group doesn't have any. All they did was copy the already established events happening in Key West and put their name to it. And, while the Key West events are meant to bring the community together in celebration, the events in the Upper Keys are there to only bring money into the bars and restaurants where the events happen, which is typical of a majority of the events organized in the Upper Keys by the business group.

Ah, but again, the UKBG stole the name, the list of events

the whole thing. Why didn't they have a 'Little Miami' festival or "I'm unoriginal and I'm a thief" festival. While I don't always agree with Peter, in this case he's right. He's put his energy into this all these years and they've stolen his intellectual property. I back Peter 100% on this one!

Wait a minute...

The Upper Keys stole the name from the original thief? Peter didn't create the festival or the Conch Republic. It existed before he ever arrived. It's not his intellectual property, he's just been cashing in for these many years.

Absolutely

Viva La Peter. (Man, I never thought I'd say that, but in this case, it's so totally true!)

Nothing too original about Key West celebration, either

The Bed Races originated in Coral Gables in 1978, for years before the mock secession.

That's true.

The hallmark of the Conch Republic Celebration, the bed races, have been taking place in Coconut Grove since 1978, four years before the Keys even "seceeded." They were intellectually "borrowed" by the original developers of the Conch Republic Celebration, with whom Peter has no legitimate claim of succession. (In other words, he never compensated anybody for what he now claims ownership, control and license fees). The Upper Keys group is performing a public service. May justice prevail!

conch republic

I for one am tired of hearing and seeing Peter Anderson blowing his own horn. He is a self appointed egotist with a personal problem that has turned him in to a real jerk.

Jumped in front of a parade

He jumped in front of a parade and declared himself the leader.
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