Trolley Square files lawsuits against 2 neighbors in squabble over name

SALT LAKE CITY — For nearly a century, beginning toward the end of the 1800s, the trolleys that served as Salt Lake City's public transportation were housed at a facility along 500 South near 600 East and 700 East.

Even after trolleys were phased out of the city, the barns were eventually saved from demolition in the 1970s and transformed into a shopping mall, becoming what it is today: Trolley Square.

A few other current developments in the area also have "trolley" in their names, something that also dates back to the 1970s. However, the name is now at the center of a pair of new lawsuits that Trolley Square Ventures, owners of Trolley Square, filed in U.S. District Court.

The lawsuits were filed against the Trolley Corners Center retail center and the Trolley Place Owners Association, accusing them of infringing on a series of existing or pending copyrights through their names, advertising and other elements.

Trolley Square, its owners argued in both documents, has "become a household name" over the past few decades.

"Consumers and the general public closely identify the Trolley Square marks with plaintiff, plaintiff's goods and services, and represent substantial and valuable goodwill," the documents state.

But a lawyer for one of the defendants blasted the claims, calling it an effort to "monopolize the 'Trolley' name."

Square vs. Corners

Its first lawsuit, filed on July 23, focuses on Trolley Corners, located at 515 S. 700 East. The center has operated under its name since 2006, and the lawsuit acknowledges the name "Trolley Corners" predates that.

Both names have actually been associated with the area for nearly the same time. State records show the name "Trolley Corners" dates as far back as 1974, two years after Trolley Square opened.

Trolley Corners Theatre operated in the space between 1977 and 2004, as noted by the theater website Cinema Treasures. It's perhaps best remembered as being home to the first Utah/U.S. Film Festival, which would go on to become the famed Sundance Film Festival.

It's now home to different gyms, restaurants and stores, some of which advertise their location as being at Trolley Corners but some at Trolley Square online or on Google.

The development began using signage "with the intent to profit off of the goodwill associated with plaintiff's Trolley Square marks in 2010," the lawsuit claims. It also alleges that there's been no online effort to advertise Trolley Corners Center online, leading to searches that link the two, which Trolley Square says is "further inducing consumer confusion."

Some of its examples include negative online reviews that mention Trolley Square, which it says harms "the goodwill and reputation that plaintiff has cultivated in its Trolley Square marks," among other claims.

Trolley Square is seeking both preliminary and permanent injunctions barring the Trolley Corners from using intellectual property that it says is similar to its trademarks, as well as up to $25 million in damages.

Dwayne Vance, an attorney representing Trolley Corners, refuted the claims, saying that Trolley Square has been "bullying" its neighbors as it takes "aggressive actions to monopolize the 'Trolley' name," in a lengthy statement to KSL.

"That lawsuit is incredibly untimely, without merit and is a waste of money and judicial resources. It is a shameful attempt to rewrite Salt Lake history for monetary gain," he said, in part.

Trolley Corners, he said, has "never misled the public about it or any of its tenants actually being located in Trolley Square." Its current owners purchased the property in 2006, but the property's name and signage have been the same from the beginning.

Vance also questioned the strength of any attempted trademark protections, pointing to nearly a dozen other properties named "Trolley Square" that exist nationwide, and the timing of the lawsuit after the two sides had coexisted "peaceably and without conflict or confusion" since the 1970s.

"Despite having operated as a shopping center for over 50 years, Trolley Square has just this year asserted a right to trademark protection," he said. "Coinciding with that, it has initiated aggressive actions to monopolize the 'Trolley' name, including threatening lawsuits in order to have businesses drop the word 'Trolley' or enter licensing agreements to pay for its use."

A second lawsuit

Trolley Square filed a second lawsuit against Trolley Place on Friday, outlining similar arguments against the condominium located at approximately 524 S. 500 East.

It alleges the property features a water tower image that is "confusingly similar" to Trolley Square's water tower, along with other claims.

"(Trolley Place has) misled, and continues to confuse and mislead, the public into assuming an affiliation or connection between plaintiff and defendant and/or defendant's goods and services," the lawsuit states.

It also seeks injunctions barring the HOA from using intellectual property that Trolley Square says is similar to its trademarks. It calls for the HOA to pay Trolley Square "all gains, profits and advantages derived by (its) acts of unfair competition and infringement," too.

KSL was unable to immediately locate a representative for the HOA, which has yet to formally respond to the claims in court.

There's no schedule yet for either lawsuit to move forward, per federal court records.

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