Black Ships Lawsuit: A Telephone Conference Is Set For Nov. 26

NEWPORT, RI—The lawsuit over the Black Ships Festival is headed for a telephone conference in the federal court magistrate judge's office on Nov. 26, according to court papers. Attorney Marc DeSisto, of Providence, is representing the City and Mayor Harry Winthrop. DeSisto said he could not comment on the case at this time. He also could not say if a settlement is likely. The conference is being called to schedule a settlement conference.

The Japan America Society Black Ships Festival sued the mayor and the city last July after Newport promoted its own Black Ships Festival on dates that overlapped the society's Black Ships Festival, which was moved to Bristol for the first time in its 35-year history. Ultimately, Newport and Bristol both held festivals, but the city agreed not to use the Black Ships Festival name to advertise its competing event.

Dr. Patrick Conley, member of the Japan-America Society board, told Patch last summer a lawsuit was in the works over the trademark infringement and the infringement on the society's corporate name, which is the Japan-America Society and Black Ships Festival of Rhode Island. It was established in 1983.

According to court papers, the Japan-America Society has held the Black Ships Festival trademark for 35 years. The trademark was renewed in 2018. However, DeSisto is arguing there was no infringement. Among his claims, he says the name "Black Ships Festival" is "generic" due to the fact there's also a festival in Shimoda, Japan.

The society also is accusing the mayor and the city of other misdeeds, including fraud, for allegedly selling tickets to the Black Ships Festival and misrepresenting the Newport event to sponsors and supporters.

Dr. Conley said previously he suggested moving the festival to Bristol after problems developed with Mayor Winthrop. He also said Newport really pushed the festival out.
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"It's nothing against Newport," he said. "It's one person."

The mayor said he did cut off funding because the society repeatedly failed to provide an accounting about how the money from Newport was spent. The amount was $4,000. He also objected because the society used some of the Newport money to pay airfare for its president, who lives in Arizona.

But court records also show before Winthrop came on as mayor, the former mayor, Jeanne-Marie Napolitano, and a former Councilor Naomi Neville, had questioned why the festival should continue in Newport as an annual event and asked the society for a response, which was provided.

Last summer, the city's alternative event was used to raise money for the Sister City program. An escrow account, funded with money from the Gateway Center lease, has for more than a decade been tapped to provide entertainment for foreign dignitaries as well as free trips overseas for councilors and for school children.

City officials said all the money from the 2018 fundraiser was going to the students' exchange program. Patch has asked for the financial information. Laura Sitrin, finance director, is temporarily out of the office and did not immediately reply.

Court papers indicate the Japan-America Society is asking for damages, though no amount has been stated.

DeSisto said his fees are being paid through the city's insurance with the Interlocal Trust, which covers municipalities. The court papers indicate at one time he also represented Christian Winthrop, the mayor's son. DeSisto said he did not represent the mayor's son, but in any case, Christian Winthrop was no longer a defendant. He had been named in the original suit, but the complaint against him was dismissed.

The American Civil Liberties Union intervened on Christian Winthrop's behalf, citing first amendment rights.

The complaint against Discover Newport was also dismissed but without ACLU intervention. An attorney with Adler, Pollock & Sheehan represented Discover Newport.

Both Discover Newport and Christian Winthrop had published posts about the Newport event on their websites.

Newport's city solicitor Christopher Began is also listed in court papers as representing the city and the mayor.

The case was originally filed in Providence Superior Court but was moved to federal court at the city's request. The strategy is used often because federal court rules make it difficult to sue cities and towns successfully.

Courtesy Photo Caption: Capt. Dennis Boyer, commanding officer, Naval Station Newport and Ryo Nakamura, chief administrative officer, Toray Plastics (America) Inc., take part in a wreath-laying ceremony during the 34th Annual Black Ships Festival in Newport, Rhode Island. Presented by the Japan-America Society of Rhode Island, the festival is an educational and entertaining cultural exchange that honors Commodore Matthew C. Perry and the establishment of friendly trade relations between the United States and Japan in 1854. Perry, a Newport native, negotiated the treaty and brought the two countries together as trading partners for the first time in history.

Courtesy Photo Credit: U.S. Navy photo by Mass Communication Specialist 2nd Class Jess Lewis/released