Hollister
– San Benito Stage Company is suing another local theater group
for sponsoring a
”
copycat
”
summer camp that has allegedly caused confusion and hurt the
company.
Hollister – San Benito Stage Company is suing another local theater group for sponsoring a “copycat” summer camp that has allegedly caused confusion and hurt the company.
The lawsuit, filed July 6 in San Benito County Superior Court, came after officials at San Benito Stage Company learned that Rainbow Children’s Theater named its children’s summer theater camp “Kids Rock.” San Benito Stage Company claims that name is “confusingly similar” to its summer camp, “Kids Rule,” according to court documents.
“The copycat summer camp is scheduled to be held on the same dates, charging the same fee, at a similar location within blocks of the KIDS RULE camp, with promotional materials and brochures copied from KIDS RULE,” the lawsuit alleges. “The obvious confusion created by (Rainbow Children’s Theater) have caused parents and children to enroll in the wrong camp.”
The lawsuit, filed by the stage company’s attorney Daniel De Vries, also alleges that Rainbow Children’s Theater plagiarized the company’s brochures in an effort to harm its business.
Although both summer camps have already finished for this year, De Vries said San Benito Stage Company is trying to prevent problems next summer.
“(Rainbow Children’s Theater’s) unfortunate name choice is hopelessly confusing,” De Vries said Tuesday. “We’re just trying to encourage them to find a different name. It’s like spelling ‘Starbucks’ with two r’s.”
De Vries said San Benito Stage Company filed the lawsuit as a “last resort” after officials at Rainbow Children’s Theater failed to respond to informal name change requests in June, before the July camps were set to commence.
Rainbow Children’s Theater camp director Ashley Miller could not be reached for comment by press time on Tuesday.
San Benito Stage Company is a nonprofit performing arts group that has been sponsoring theatrical workshops and plays since 1999. Rainbow Children’s Theater has been doing the same thing, but almost exclusively with child actors and directors, since 2000.
San Benito Stage Company is also seeking a temporary injunction that would prohibit Rainbow Children’s Theater from using the name “Kids Rock” pending a resolution to the lawsuit. San Benito County Superior Court Judge Harry Tobias ordered that a motion hearing be set for Aug. 2 to hear arguments from both parties regarding the merits of the proposed injunction, according to court documents.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or br******@fr***********.com.
