Florida Keys News
Saturday, March 16, 2013
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'Mile 0' trademark upheld in $1M case
Win means no others can use logo on clothes

A judge has ruled a local businessman may trademark a version of the familiar, green mile-zero street sign in a million-dollar case expected to stymie other Key West businesses that sell clothes featuring the iconic logo.

A competing business, Oasis, 928 Duval St., must now pay T-shirt shop owner Yaron Wasserman roughly $1 million in damages and attorney's fees for trademark infringement over the logo, according to a 14-page judgment issued by circuit Judge David Audlin on March 8.

The judge ruled that brothers Yonathan Elfasi, Mordechai Elfasi and their business partner, Gai Elbaz, infringed on Wasserman's trademarked Mile Zero logo when they began manufacturing clothes with the same logo and selling them wholesale to other stores.

That put Wasserman's Mile Zero Inc. store at 511 Greene St., which opened in 2003, out of business by 2006, his attorney Hugh Morgan said.

Wasserman trademarked the Mile Zero logo in 1999 via Florida Trademark Registration for a class of products that includes hats, caps, T-shirts and all types and manner of clothing, the judgment states.

Wasserman didn't copyright the logo, but trademarked it under the clothing section of the state trademark law, meaning other businesses can use the green sign to sell just about anything they want -- except clothes, which is now Wasserman's domain, Morgan explained.

"You can open a mile zero fish store, car dealership or movie theater -- anything not protected by his (clothing) trademark," Morgan explained.

Another point that Morgan stressed: Wasserman's logo is not a copy of the famous sign denoting the beginning, or end, of U.S. 1 posted on Whitehead Street. Wasserman's logo has the words Mile Zero on his design, a feature missing from the posted street sign when Wasserman filed his logo trademark in 1999.

The Elfasi brothers and Elbaz could not be reached for comment as they are reportedly in Israel, Morgan said.

That could hinder Wasserman's ability to collect the $900,000 in damages on top of $105,410 in legal fees Audlin ruled that Oasis owes Wasserman.

"We are following up and trying to resolve that at this time," Morgan said.

Meanwhile, Wasserman is not going to sue other businesses that have bought Mile Zero logo products made by Oasis in Key West, Morgan said.

Those stores may sell the remaining products they've bought from Oasis, and as long as no one manufactures more clothes with Wasserman's trademarked logo, the issue should remain settled, Morgan said.

What lies next for Wasserman is unclear.

"His options are this: He can reopen his retail store; he can simply manufacture clothes with his logo and wholesale them; or enter into a license agreement with someone else to manufacture and sell the clothes," Morgan said.

alinhardt@keysnews.com

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Copyright of Public Works

I just don't understand how an individual can copyright an image that was designed and paid for through public tax dollars. Maybe I should copyright the Southernmost Point?

T shirt shops

Every city has places like these. The t shirt shops cater to the lowest spending visitors and then send the money home. If only Key West could ban them...

T shirt shops

Every city has places like these. The t shirt shops cater to the lowest spending visitors and then send the money home. If only Key West could ban them...

These are the people our cruise ships support

Without 8000 cheap passengers at once looking for a cheap tee shirt, 2/3 of these stores would be gone. Would you miss them? Have you ever heard of the names of these owners helping any local charity or participating in our community at all? Do they hire local kids? Do they participate in community events or fundraisers? Do they even hire legal workers? I remember Ed Swifts old ads stating "cruise ships benefit us all." Um, not really.... Of course all tourists buy tee shirts or visit a $5 store, but there would not be 7 of the $5 stores within a couple blocks of Front Street if not for the cruise ship hordes.

If you lived here

you would KNOW that Duval St has always been a t-shirt shop mecca. The only thing missing these days are the gold stores. As for community contributions et all, perhaps you should also educate yourself on who sponsers most of the events in Key West. All the people you despise. I feel sorry for people like you .... the pea green with envy have-not.

Well here we go again....

I do live here and have for a very long time. I am very involved in many local charities and events and know many of the sponsors. While some of the leading families are generous, most charitable work is done by average people, not the elite of Key West. Being charitable does not give you a pass to exploit others and I will call out people who do. Finally, without going into details which are none of your business, I can assure you I have no need for envy and am blessed to have all I need. I hope you can say the same.

Oh, how stupid you are...!

Oh, how stupid you are...! What do you know of the charity? Do you know any names from the Rotary club? You would be the first to suffer once the stores are gone. The unemployment rate would go sky high, the taxes will not support welfare queens like you are. It is not only cruise ships, there is huge incoming land traffic too. So your speculations are useless. I work in one of those stores. We have a lot of "local" kids coming and going. With all Keys disease and the famed Keys time, hiring a local costs wasted time, lost money, stolen property. Not always, but very often. All workers are legal in our store and most of them are not from the Keys - other states or Israelis, because they WORK. You see things in a very short prospective without a mere understanding of how micro economy work. Typical Conch.

I'm stupid?

Let see, where to even start? I am not a conch, so I can hardly be a "typical conch." I am not a welfare queen. In fact, I have never been on any type of public assistance in my life. I know many people in town and these owners names are certainly not active in any charity or Rotary I know of.. Is there any single fact you wish to debate, or do you prefer to just moan and call names? One last point, the word is "perspective" not "prospective." Get an education or buy a dictionary and maybe you will not need to work in a low end tee shirt shop anymore.

Not Copyright Infringement

Copyright does not cover logos, sayings, or titles. For instance, a television show would be copyrighted, but the name would be protected by trademark. Also, many people are not aware that trademarks can be registered at the state level. Although local businesses do register federal trademarks, unless they are used in interstate commerce, they can be invalidated in court. Although not simple, judgments can be executed in other states and in foreign countries and for a million dollars it would be worth it. Of course, the loser has 30 days to file notice of appeal. The problem with that for the defendants is that they would have to put up a bond for the full amount of the judgment in order to appeal it.
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