Two of New York City’s most influential event organizers are asking “Who owns the words NYC Pride?” this week after a New York judge awarded exclusive ownership of the words “NYC Pride” to Heritage of Pride, the nonprofit organization that plans “official” New York Pride Week events.
According to court documents obtained by Queerty, Judge Colleen McMahon of the United States District Court for the Southern District of New York issued a preliminary injunction against Matinee NYC (the week’s largest outdoor event) and the event organizers at Voss NYC, effectively barring them from using the words “NYC Pride” or any similar combination of words on advertising materials or event invitations.
Heritage of Pride believes they own exclusive rights to use the words “NYC Pride” and filed a lawsuit when Voss NYC began promoting Matinee as happening during the week of “NYC Pride.”
In the original lawsuit filed in a Manhattan court June 10, Heritage of Pride claimed it owned “the rights to several NYC Pride trademarks” and alleged that Matinee’s “use of ‘NYC Pride’ in connection with concerts and events that they were promoting for Pride Week infringed on its trademarks and related rights.”
Aside from having to distance themselves from the likeness of “NYC Pride”, Voss NYC may also not use the terms “NY Pride” or “NYC Pride” in email correspondence, urls, signs, videos, or newsletters. They were also forced to pull all future advertisements that included the words “NYC Pride”.
It’s worth noting that the original Matinee advertising materials did not include the official Heritage of Pride “NYC Pride” logo, but did use the phrase “NYC Pride” to indicate a reason for the celebration.
This is also not the first year Heritage of Pride and Matinee have been at each other’s throats — according to sources working closely with both organizations, Heritage of Pride has made multiple attempts to sanction the Matinee party as an “official” Pride Week event. Jake Resnicow and Brandon Voss, the famed party promoters who run Matinee, have declined the collaboration multiple times in the past. This lawsuit, sources allege, is Heritage of Pride’s retaliation.
In a statement regarding the preliminary injunction, Matinee co-organizer Brandon Voss said:
It is absurd that any organization should own the word Pride used next to the name of our city. Especially one that is using this as a tactic to funnel revenue to itself by demanding fees for the right to call themselves ‘official’ events.
The facts are that while Heritage of Pride touts itself as a non-profit and charitable organization, it has publicly admitted that it gives only 10% of net income to charity. Per public court filings, that amounted to only a few thousand dollars in 2012.
Chris Frederick, managing director of Heritage of Pride, Inc., disagreed, saying in email to Queerty:
The fact remains that Matinee was blatantly misrepresenting their relationship with the organization and brand ‘NYC Pride,’ which we have built over many years. NYC Pride is a non-profit organization that’s entire mission is to empower, enlighten, engage, and help to commemorate how far the LGBT community has come. Matinee’s claim that we are trying to own ‘Pride’ is false, and a distraction from their unlawful, misleading conduct. Anyone who reads the court’s opinion will immediately see what is really going on in this case.
As of June 21, all materials related to the Matinee event had been altered to include the words “Matinee Pride” in place of “NYC Pride.”
CORRECTION: An earlier version of the headline for this post indicated that NYC Pride has sought exclusive ownership of the word “Pride.” In fact, the organization Heritage of Pride, which operates NYC Pride, sought trademark over the term “NYC Pride” term alone, and the judge in the case agreed, issuing a preliminary injunction against Matinee NYC’s use of the term.
Qjersey
F*ck Resnicow and Voss. Pride is expensive to pull off and they are just being profiteers and carpet baggers.
markhfreeman
Fkem all!
“Pride” should always have air-quotes around it anyhow. What started out as a riot at a bar turned into a march to demonstrate for rights. Then it got codified as Gay Freedom Day in a lot of cities. Calling it “Pride” became a way to distance it from its activist roots, and just have a “Party”. So now two of the groups that have found ways to monetize us are fighting each other for share of profits. Long live America, land of the free and home of the brave. Brave like Sylvia Rivera, brave like Harvey Milk, brave like Chelsea (nee Bradley) Manning.
And what was that about Pride goeth before the fall?
DarkZephyr
This is outrageously absurd. NoBODY should “own” the word during pride week or any week.
siltor67
the elitists strike again
ingyaom
Sounds like BS to me.
TheOnlyBigMac
Instead of fostering competition, which would motivate promoters to work their hardest and ultimately provide the best products to the market, Chris Frederick hides behind his trademark, but happily copies elements of his competitors products openly (those NYC Pride Ambassador photos sure do look familiar). So, now we can just sue people in an attempt to push them out of the marketplace, in an effort to ensure your product receives the most visibility. Monopolizing our Pride, brought to you by Heritage of Pride? No, that isn’t the heritage I choose to associate with my history, with the struggle of everyone who came before me, to give me not a reason, but a right to dance next weekend. That is not MY heritage.
grouchy
I guess the “Pride” folks forgot about how pissed the LBGT community was when they couldn’t use the word OLYMPICS for the Gay Olympics. Everyone swore that the Olympic committee were the scum of the earth. Now we have to have the same fight within our community. “Can’t we just all just get along?” Let us not forget where the word “PRIDE” came from; Personal Rights in Defense and Education (PRIDE) was a gay political organization. Established in 1966 as a radical gay political organization. It wasn’t just about the partying and parades.
claudianyc
THIS IS OUTRAGEOUS!! NYC Pride belongs to everybody, not Chris Frederick and Heritage of Pride. They hide under being this charitable “non-profit” organization but this is all about profit. By Heritage’s own admission, a few thousand dollars goes to Charity and the rest goes to producing their events and the large salary Chris Frederick draws. How exactly is that any different from Brandon and Jake’s business? Who decided Heritage of Pride should be the only organization that can throw pride parties? Like I said. OUTRAGEOUS!
DickieJohnson
@grouchy: Thanks, I didn’t know that it was an acronym.
vive
Outrageous, but just like the HRC equality corporate brand flag everywhere replacing the rainbow flag that belonged to everyone, gay people are themselves complicit in our heritage being taken advantage of by corporate entities. We could always boycott, but good luck finding politically conscious queens these days.
CJ Stryker
So Chris Frederick is the man behind Heritage of Pride. Well then, he represents everything that is wrong wight he LGBT Community. Guys like him want have the Gay Community consist of rich elitist snobs. He cares nothing about the common LGBT Citizen.
This adds to one more reason why I despise the Gay Community in it’s current form. Chris, if you are reading this and have any decency at all, you will rescind this damn injunction. Because I promise I will smear and destroy you through the Social Media world and if you don’t thick I don’t have the ability to do it, you have another thing coming!
I want to see this faggot clown try to sew me for using NYC Pride on my social media and on StrykeZone!
CJ Stryker
So Chris Frederick? is the man behind Heritage of Pride?. Well then, he represents everything that is wrong wight he LGBT Community. Guys like him want to have the Gay Community consist of rich elitist snobs. He cares nothing about the common LGBT Citizen.
This adds to one more reason why I despise the Gay Community in its current form. Chris, if you are reading this and have any decency at all, you will rescind this damn injunction. Because I promise I will smear and destroy you throughout the social media world and if you don’t think I don’t have the ability to do it, you have another thing coming!
I want to see this faggot clown try to sew me for using NYC Pride on my social media and on StrykeZone!
michael mellor
These “pride” events are mainly excuses for picking up a sex partner. There’s no real pride in that. It’s time to scrap the whole concept. It’s beyond a joke now.
Fighting over the word “pride” proves that it’s become one great big money-making venture. Money, money, money. Sad, sad, sad.
DjARD
What, people are surprised by this?
LGBT culture, at least, the G and the L part, have been completely co-opted by heterosexual-driven corporate capitalism, under the guise of “acceptance”, and such poison has spread and infiltrated many within the community. “Pride” is the ultimate display of this – this lawsuit, that is, an attempted monopoly on a word, is simply a logical extension of something we’ve been so complicit in.
Fuck ‘Pride’ – they can have the word. All it means to me is grotesque displays of a sexually obsessed culture, headed by individuals who think they’re being empowered, but in actuality are simply buying into the increasing corporatization of queer culture. If we were to compare ourselves to the struggle of Black Americans, then where we are is where they were in the 70s – the era of rampant exploitation and faux “acceptance” (that word, again!)
But hey, it makes straight people feel good, so what’s the harm?
(I realize that derailed into a rant quickly; my bad).
DerekR
@CJ Stryker: LOL um yeah. I can see him trembling in fear of someone who doesn’t know the difference between sew and sue. Mark that down on your Stryke(out)force ya tool.
newguy
If I remember my NYC gay history correctly…after the riots in ’69 there was an annual commemoration.
That event was codified and eventually became a committee of the New York City Lesbian, Gay, Bisexual & Transgender Community Center. A/k/a ‘The Center.’
gaycenter.org
At some point in time prior to 1990, the committee spun off into it’s own organization (with The Center’s blessing): Heritage of Pride. A/k/a ‘HOP.’
nycpride.org
HOP produces 4 events: The Rally, The March, a street festival called Pridefest and the Dance on the Pier. The income derived from Pridefest & the Dance pay for the The Rally and The March.
Most people call The March the ‘pride parade’ but at its roots it is a based in civil rights protest. These events are not cheap for an organization that was for most of its existence 100% VOLUNTEER. It is only recently that they have 2 Staff members. TWO. They are not in the business of fundraising to donate proceeds to other charities. They are in the business to produce NYC’s annual Pride events.
TheOnlyBigMac
Why, then, did C. Fredrick take a nearly $100K salary in 2012, while only donating about $3K?
SteveDenver
I’m going to copyright the words “Gay,” “Diversity,” “Equality” and “Beer.”
What nonsense.
david_me4pa
@vive: All of this talk of lawsuits within the LGBT community is utter nonsense. Instead of caving to corporate, politically savvy and connected elitists, the LGBT community should return to its roots and give time and energy to statewide, progressive, grass roots campaigns. Instead of shoveling cartfuls of money to the folks at HRC or the NYC Pride (TM) people, why not donate to organizations like Marriage Equality for Pennsylvania. Most likely similar smaller organizations exist in every state.
claudianyc
@newguy: So let me make sure I understand you “newguy”. Basically Heritage of Pride is in the business of throwing gay pride events and paying two people salaries for doing so? Sounds a lot like the defendants business. In fact, it sounds almost identical except Brandon and Jake gave more then $3k to charity last year.
hex0
The commercialisation of pride is such crap. It should be about celebrating being gay not make money grabbing businesses rich.
Mezaien
@Qjersey: The only thing to do is BOYCOTT PRIDE.
Ben Dover
Someone here is going to put a trademark on the word QUEER and sue Queerty!
Ben Dover
@michael mellor: “These “pride” events are mainly excuses for picking up a sex partner.”
You really hate gay sex, don’t you?
SobelPromotions
Sue me. On June 27th in honor of NEW YORK CITY PRIDE Inaya Day will be performing live and having a CD release party at ICON in Astoria, and on June 28th Rachel Lorin will be performing for a Pre New York City Pride kick off party… all for free 😉
trevorstop
Hang on everyone! Before this continues to spiral out of control, please stand by for ALL the information. What you are reading is a carefully crafted Press Release by the infringers and a careful spin with massive omissions of actual facts and story and instead an attempt to create further confusion and support by appearing to be martyrs against a group that is “stealing Pride” from the people.
So let’s get some facts straight. Make no mistake that this lawsuit did not just materialize out of thin air by a charity trying to squash two of NYC’s finest promoters. What has been purposefully omitted from their PR spin is that this issue started many months ago with some misleading website address, logos, and terminology on the part of Resnicow and Voss that prompted MANY in the community (not just Heritage of Pride) to become concerned that this group was (whether deliberate or not, you decide) intentionally creating confusion amongst unsuspecting party-goers. In fact, the entire issue was raised by other business owners and not even HOP to begin with.
ALL of the facts will be released by a very reputable news source shortly, where you can read the proper and full documents and court papers and the full history of communication between the plaintiffs and defendants.
When that happens, the intelligent will see that this wasn’t Heritage of Pride claiming to “own” Pride or steal it from the people, but merely an attempt to get Resnicow and Voss to stop labelling their events as “main events” “official events” and more of “NYC Pride” There ARE many organizations and business that use the words ‘NYC Pride’ and/or New York Pride or derivatives of this year and every year. And none of them were served with lawsuits. Hmm, what is the difference? Must be some reason Jake and Brandon were “singled” out. Yes, you’ll learn that they were asked nicely many months ago in simple communication to merely rephrase their ads a bit, stop appearing as if they were “presenting NYC Pride” (don’t you think it’s strange they had website URL’s and a website that said in big letters THEY were the “PRESENTERS” of “NYC Pride”? How about copying their fonts exactly and using their logos and colors from past ads to look exactly like HOP events? Does any other promoter or business go that far? No.
There are definite lines that were crossed and despite numerous attempts to correct the issue peacefully, the defendants actually ratcheted up their efforts to new levels by spoofing email addresses to appear as if they came from “NYC Pride” to promote their events. Frustrating for the organization that produces the Pride Parade and the events to have people all over the country receiving emails deliberately and intentionally made to look like they were coming from them to in fact be ads and promotions for another promoters parties. How about site URL’s made to look like they were HOP’s NYC Pride webite URL’s but actually went to Jake and Brandon’s pages?
Those are a few of the reasons there was a lawsuit, and note that actually this case is not even closed or decided and no one, including the judge, has “awarded” Pride to anyone. The only thing that happened, but you wouldn’t know it from the careful PR spin by Voss/Resnicow, is a temporary injuction against them banning them from the continued deceitful practices they were increasing by the day. In a period of 5 days, no less than about 7 emails went out from them appearing to go from “NYC Pride” to hundreds of thousands of people.
Here is an example for those that need more spelling out. A promoter named Ric Sena markets his “Alegria” Pride event as Ric Sena presents “Alegria Pride – NYC Pride 2014”. Emails advertising the party go out from “Ric Sena Presents’. BUT – Resnicow and Voss advertise their Pride events as “NYC Pride – The Main Event” with emails going from “NYC Pride.” See the very important difference here? Their parties were not the “main events” but were confusing to people getting those emails. They do not “own” or “present” NYC Pride in its entirety, but you would think they did from their ads. It’s perfectly fine, and HOP has no issue with Alegria or the hundreds of business around the city that advertise their parties or events are happening “DURING NYC Pride” – when you use it generically and as a way to indicate time – no problem. All Jake and Brandon had to do was send emails from themselves (as they should anyway) – shouldn’t their emails go from “Voss Events” and not “NYC Pride?” We think so. If they had simply done that, there would be no lawsuit. Is Alegria, Posh, Industry, Elmo, Ritz, David Barton Gym, or any of the other organizations in the city that use NYC Pride in their advertisements getting sued? NO. Because they don’t try to create confusion. They did not spoof email addresses, copy website URLs, copy fonts and logos. Brandon and Jake did that but you don’t see that in their press release, do you?
Jake and Brandon crossed those lines in every way possible, denied simple requests for simple changes, and finally saw a lawsuit with an order asking them to stop their ways.
As far as “pride belonging to the people” – remember – we couldn’t agree with you more here. And remember, no decision has been made, no one has been awarded “Pride” – including Heritage of Pride, and the case actually continues in July. But what’s fascinating is that these two promoters, that many believe (including the judge) were deliberately trying to profit off the work and mark of another organization, now continue to spin it even further, mislead even further, and make it sound like a big bad charity is stealing pride from the people which couldn’t be further from the truth. HOP stays quiet for the most part because this case is still ongoing, and if Jake and Brandon were smart, they would too. But, just like they tried to profit and confuse people in the first place, they continue to do so with new press releases and blog articles that leave out 85% of the truth. Sad that even when a judge agrees, they will stop at no lengths to continue to try and benefit from the situation.
One thing about the Voss Press Release we do agree with – “be careful where you spend your money” – I choose not to spend it by promoters that lie, cheat, mislead and then continue to do so even after a Judge has asked them to stop.
You’ll see all the news soon when it breaks, then please read the months of correspondence, evidence, and PROOF that led up to this point, and finally the fact that the case continues and no one has been awarded anything, and then let’s resume the conversation.
Stay tuned!
MichaelSmith22
@trevorstop: Brett Hendrichsen, stop hiding behind your “trevorstop” fake name. We all know the only reason you pushed Chris Frederick/Heritage of Pride to pursue this lawsuit was because you gave $10,000+ to Heritage of Pride, and your event has still been failing to sell tickets. In fact, this shows even more that the “official” NYC Pride marks do nothing to help boost ticket sales. NYC Pride below to EVERYONE. So maybe you should stop wasting your time hiding under fake names, and focus on promoting your “Official” Pride Party.
newguy
@claudianyc:
“basically Heritage of Pride is in the business of throwing gay pride events and paying two people salaries for doing so? Sounds a lot like the defendants business. In fact, it sounds almost identical except Brandon and Jake gave more then $3k to charity last year.”
Yeah, right. They gave more to charity. Hurrah. And where did the rest of their revenue go? It lined their own pockets.
Where does HOP’s revenue go? It pays for the parade and rally and street festival.
HOP is an NPO.
Party boys are .com Commercial venture. Making money off our community. They have every right to, but not with deception. Justice rules.
newguy
@claudianyc:
“basically Heritage of Pride is in the business of throwing gay pride events and paying two people salaries for doing so? Sounds a lot like the defendants business. In fact, it sounds almost identical except Brandon and Jake gave more then $3k to charity last year.”
Yeah, right. They gave more to charity. Hurrah. And where did the rest of their revenue go? It lined their own pockets.
Where does HOP’s revenue go? It pays for the parade and rally and street festival.
HOP is a NPO.
Party boys are .com Commercial venture. Making money off our community. They have every right to, but not with deception. Justice rules.
trevorstop
@MichaelSmith22: LOL, oh gee I can only wish I had the business, brains, friends and money of Brett Henrichsen but alas I’m just an interested bystander.
So interested I’m confused by your post – are you Jake or Brandon? Or even just one of the team? If so then your claim that “official NYC Pride marks” do nothing to sell tickets makes no sense – if that is your belief then why did Jake/Brandon go to such great lengths, to the point of a lawsuit, to portray their events as “main events” or as being pro ducted by “NYC Pride” with fake email addresses?
Pick one argument and stick with it, you can’t have both sides. If appearing officially related to “NYC Pride” was not important to Jake & Brandon, would this blog post even exist?
So far the only person that appears to be staying out of it and actually focusing on producing a party IS Mr. Henrichsen. Haven’t seen any press releases or drama or fake websites or fake email accounts from that company at all.
Next, couldn’t agree with “new guy” any more – Voss continues to mislead by trying to discredit a non-profit organization by calling them a charity. Maybe he should educate himself on the difference. A non-profit organization does not “need” to give to charity. A non-profit organization usually is the recipient of charity, not the other way around. So to throw up deceptive smokescreens that they “only donated $x amount to charity” last year is irrelevant. In fact, it’s a bonus on their side because they actually had $ left over from their operations and gave it away. The purpose of this non-profit is to organize events, the Pride Parade, community awareness, workshops, and many other things besides “the Pier Dance.” Maybe someone should take a look at nycpride.org and see what all they do. A non-profit like NYC Pride is more than just circuit parties. It’s about Pride. And they finally had to stand up to some greedy promoters trying to deceive the public with misrepresentations. They never claim (as Chris says above) to own Pride or be trying to take it away from people.
If so, then why are Jake/Brandon and Matinee’s parties still called “Matinee Pride?” The judge has not ruled on anyone owning the words or the mark. The judge merely issued an injunction to stop Jake/Brandon’s deceptive practices, and now they’ve spun that small decision into another big deception. The depths they’ll drop to have no bottom.
Speaking of bottoms… time to go enjoy Sunday Funday. Away from all this drama. Happy Pride everyone!
FStratford
After looking at the details, I am siding with Heritage of Pride. The proceeds of the commercial and official party activities that someone like me pay for should go to organizing the parade.That way it is self-sustaining. Other businesses already make a killing on Pride week with or without being a sponsor just because there are more people coming for the march/parade and spend extra for R&R.
The parade is a political act and is a historical reenactment, regardless of its present day (in)ability to shock the prudes. It already benefits businesses by setting up the main event. It should not be deprived of its lifeblood by leeches that want to use it;s name but dont want to support the parade.
IRISHGUY171
The whole pride thing stopped being fun in the 1990s when it mainstreamed and commercialized and became the same as any other NY parade/celebration. Gone were the quirky marching groups, in true solidarity, to be replaced by a vulgar in-your-face sexuality and a dumbing down to who had the biggest basket or the most ripped body.Walk the stalls selling goods and they are the same as those on 72nd street or on 7th Ave.
The fighting over trademarking and ownership proves my point.
IRISHGUY171
The pride thing stopped being fun in the 1990s when it mainstreamed and commercialized and became the same as any other NY parade/celebration. Gone were the quirky marching groups, in true solidarity, to be replaced by a vulgar in-your-face sexuality and a dumbing down to who had the biggest basket or the most ripped body.Walk the stalls selling goods and they are the same as those on 72nd street or on 7th Ave.
The fighting over trademarking and ownership proves my point.
Who exactly are the groups behind Pride Week in the city?
barkomatic
I wonder when I’ll be required to pay a royalty to call myself “gay”?