Wolf Trap to Rose Hill: Lose 'the' article

Agreement over name flap means Berryville facility can keep 'Barns,' but must drop 'the' and add location tag

By Alex Bridges -- abridges@nvdaily.com

BERRYVILLE -- In the end, Wolf Trap keeps "The" while Barns of Rose Hill adds to its name.

With a deal struck between the two cultural centers, the Berryville nonprofit plans to move forward with a new name and executive director. Meanwhile, Wolf Trap is dropping a lawsuit over the organization's name.

The settlement reached Friday calls for the Berryville group to call itself and the facility "Barns of Rose Hill, A Cultural Center for the Shenandoah Valley," according to Ann Lesman, the organization's board chairwoman.

"The next step for us, obviously is to redo everything that has our name on it," Lesman said Monday. "Wolf Trap wants all of those words to make it plain that we're not encroaching on their area."

Changing the name on digital media poses less of an issue than it does on signs and other material, Lesman explained. The group likely will have to destroy signs that feature the former name, she said.

"We made a good-faith promise to do that so we'll do that, we'll work on it as fast as we can," Lesman said.

The agreement also called for the Berryville group to not oppose Wolf Trap's attempt to trademark the name "The Barns," she added.

Amid the legal dispute, the Berryville organization has been trying to fill the executive director's position and this weekend hired Ben Glenn to serve in that capacity, according to Lesman. Glenn, who lives in Warren County, begins his duties Wednesday, she said.

A federal judge dismissed the lawsuit Friday, according to online court records.

Wolf Trap Foundation for the Performing Arts filed a complaint Dec. 14 in U.S. District Court in Alexandria against The Barns of Rose Hill. Wolf Trap claimed the name was a trademark infringement and constituted a false designation of origin and unfair competition, according to the lawsuit.

Wolf Trap and Rose Hill issued a joint statement on their respective websites Friday.
"We are pleased to announce that Wolf Trap Foundation for the Performing Arts and The Barns of Rose Hill have achieved a mutually agreeable outcome to the legal matter regarding the registered trademark for The Barns at Wolf Trap," the statement reads.

"Both organizations look forward to continuing to engage and serve the community through our performing arts and education programs."

Wolf Trap, headquartered in Vienna, accused the defendant of causing "significant damage" to the plaintiff, the lawsuit states.

Both entities are nonprofit organizations. The Barns of Rose Hill, as identified on its website Monday, serves as a cultural and community arts venue. Efforts began years ago to turn two historic barns in downtown Berryville in Chalmers Court into the center.

The lawsuit states the plaintiff was founded in 1966 and operates The Barns at Wolf Trap, also known as "The Barns," an indoor performance venue. The plaintiff owns exclusive rights to the trademark "The Barns at Wolf Trap" and "The Barns," according to the lawsuit. Wolf Trap also has used "The Barns" in its marketing since 1981, the lawsuit states.

"Plaintiff's BARNS marks are strong and are entitled to a broad scope of protection," the complaint states.

The lawsuit goes on to say the defendant adopted and began to use "the confusingly similar trademark 'THE BARNS OF ROSE HILL' ... in commerce, in services that are virtually identical to the services offered by the Plaintiff under its BARNS marks." The complaint notes the Berryville venue operates less than 50 miles from Wolf Trap.