For the first three years of the race, the business association and race organizers had a partnership agreement. Under that agreement, revenue from the runs paid for beautification efforts around the statue, including new landscaping. For this year’s event, however, Lebherz decided to go in a different direction and approached a citywide parks group — the nonprofit Patrons of Encinitas Parks organization — about a partnership.The Kook was despised locally and unknown beyond until local pranksters made it what it is today. I'm not sure why Cardiff 101 needs to get lawsuit-happy and demand a cut every time someone wants to use a picture of a statue on public property. Maybe the city should start charging Cardiff 101 rent for the use of public property if that's the way they want to play.
“We just felt like we had accomplished all the stuff we had wanted to accomplish (around the statue),” he said.
The trouble is that he’s still using images of the statue to promote the race, Cardiff 101 MainStreet Association officials said. In the lawsuit filed in federal court, the association alleges that the organizers of the for-profit Cardiff Kook Run have knowingly used the copyrighted surfer images more than 25 times in recent months on race publicity without paying the association.
The suit seeks $150,000 in damages, plus attorney fees.
Lebherz said Thursday that he didn’t know until the legal dispute began that the surfer statue image was copyrighted. After being notified, he took down a billboard sign and agreed to stop using the image on other publicity materials once Sunday’s event concludes.
Saturday, February 6, 2016
Cardiff merchants sue Kook race organizers