From 2008 to 2010, Don’t Drop In, LLC has owned and operated the New York Surf Film Festival with great success. On October 13, 2010, just a month after the conclusion of the 2010 festival, Morgan Rae Berk, a founding member of Don’t Drop In and the New York Surf Film Festival, sued Don’t Drop In, LLC and the three other founding members, Tyler Breuer, Adam Cannizzaro and Michael Machemer in the U.S. District Court for the Southern District of New York. Additionally, Berk sued a festival volunteer and a surf website operator.
In her lawsuit, Berk alleges that she created the festival and that she alone owns the name New York Surf Film Festival. Don’t Drop In and the individual DDI defendants deny all of the allegations in Berk’s Complaint and have counterclaimed, alleging that she, among other offenses, misappropriated the New York Surf Film Festival name, logo and other intellectual property related to the ownership and promotion of the New York Surf Film Festival. Berk has also asserted other claims, including defamation, against the members of Don’t Drop In and the above-referenced festival volunteer and surf website operator.
In the opinion of the three founding members of the New York Surf Film Festival she sued, Berk has undermined the festival’s past success and threatened the viability of the New York Surf Film Festival going forward. It is the understanding of defendants Breuer, Cannizzaro and Machemer that Berk has issued a call for submissions to the 2011 New York Surf Film Festival using the disputed New York Surf Film Festival name, trademarks and logo. They also understand that she has requested that filmmakers submit their work directly to her home address and has engaged in negotions with potential sponsors and vendors of the 2011 New York Surf Film Festival without the consent or authorization of Don’t Drop In or the individual members of Don’t Drop In. Breuer, Cannizzaro and Machemer are concerned that Berk’s call for submissions and her negotiations with potential sponsors and vendors in connection with the prospective 2011 New York Surf Film Festival have caused confusion for filmakers, sponsors and vendors about the festival and the mark . In response to Berk’s lawsuit, Don’t Drop In and Breuer, Cannizzaro and Machemer insist that the New York Surf Film Festival name, logo and all related trademarks are the property of Don’t Drop In, not Morgan Rae Berk, individually.
Don’t Drop In and Breuer, Cannizzaro and Machemer are proud of the work they have done to make the New York Surf Film Festival such a success over the years and are hopeful that the current dispute raised by Berk’s lawsuit will be resolved shortly. As the litigation proceeds, Don’t Drop In and Breuer, Cannizzaro and Machemer wish to thank all of the filmmakers, sponsors, vendors and fans who have supported the festival over the years and have been integral to its past (and hopefully future) success. Please check back for further updates on this situation.
Thank you,
Don’t Drop In.
In her lawsuit, Berk alleges that she created the festival and that she alone owns the name New York Surf Film Festival. Don’t Drop In and the individual DDI defendants deny all of the allegations in Berk’s Complaint and have counterclaimed, alleging that she, among other offenses, misappropriated the New York Surf Film Festival name, logo and other intellectual property related to the ownership and promotion of the New York Surf Film Festival. Berk has also asserted other claims, including defamation, against the members of Don’t Drop In and the above-referenced festival volunteer and surf website operator.
In the opinion of the three founding members of the New York Surf Film Festival she sued, Berk has undermined the festival’s past success and threatened the viability of the New York Surf Film Festival going forward. It is the understanding of defendants Breuer, Cannizzaro and Machemer that Berk has issued a call for submissions to the 2011 New York Surf Film Festival using the disputed New York Surf Film Festival name, trademarks and logo. They also understand that she has requested that filmmakers submit their work directly to her home address and has engaged in negotions with potential sponsors and vendors of the 2011 New York Surf Film Festival without the consent or authorization of Don’t Drop In or the individual members of Don’t Drop In. Breuer, Cannizzaro and Machemer are concerned that Berk’s call for submissions and her negotiations with potential sponsors and vendors in connection with the prospective 2011 New York Surf Film Festival have caused confusion for filmakers, sponsors and vendors about the festival and the mark . In response to Berk’s lawsuit, Don’t Drop In and Breuer, Cannizzaro and Machemer insist that the New York Surf Film Festival name, logo and all related trademarks are the property of Don’t Drop In, not Morgan Rae Berk, individually.
Don’t Drop In and Breuer, Cannizzaro and Machemer are proud of the work they have done to make the New York Surf Film Festival such a success over the years and are hopeful that the current dispute raised by Berk’s lawsuit will be resolved shortly. As the litigation proceeds, Don’t Drop In and Breuer, Cannizzaro and Machemer wish to thank all of the filmmakers, sponsors, vendors and fans who have supported the festival over the years and have been integral to its past (and hopefully future) success. Please check back for further updates on this situation.
Thank you,
Don’t Drop In.
