Picabo Street sues Sun Valley Co.
Gold medal skier alleges unauthorized use of her name
By GREG STAHL
Express Staff Writer
Sun Valley’s golden child, Picabo Street, is suing Sun Valley
Co. for "blatant, willful…wanton and unauthorized use" of her name in its
advertising, according to a lawsuit filed in Boise on Dec. 16.
The lawsuit, filed in U.S. District Court in Boise, asks that Sun Valley
Co. be ordered to stop using Street’s name in its promotions and seeks in damages all
profits from the resort since July 1999.
Those promotions include 1999-2000 winter print ads that stated, "I
carved the same slopes as Picabo Street" and an Internet web site (www.sunvalley.com)
with quotes attributed to Street. Street’s name and photographs have since been
removed from subsequent publication of the ads and the Internet site.
"Picabo Street was raised and learned to ski in Sun Valley,
Idaho," the complaint says. "The promotion department at Sun Valley, and
specifically (marketing director) Jack Sibbach, have capitalized on this fact."
Sibbach declined to comment on the litigation, saying the lawsuit
"has not crossed my desk."
Regarding the famed skier, Sibbach said, "I wish Picabo all the luck
in the world. I’m her biggest fan."
Sibbach referred further questions to Sinclair Oil attorney Mark Quinn.
Sinclair is Sun Valley’s parent company. However, Quinn said, "We’re
reserving comment, but I’d like to find someone you can attribute that to."
Street could not be reached for comments.
The Sun Valley/Ketchum Chamber of Commerce partnered with Sun Valley Co.
on publication of several of the print ads, but the suit does not name the chamber as a
defendant.
Street’s attorney, Kevin Evans of the Denver-based law firm of Hogan
& Hartson, said in a telephone interview that Street has no plans to include the
chamber in the suit "as of now." He said that as legal proceedings progress,
"we will look at options."
Street, 28, was born in Triumph, Idaho, and honed her Alpine skiing skills
under tutelage from the Sun Valley Ski Education Foundation. Throughout her childhood, Sun
Valley’s Bald Mountain was her home hill and proving ground.
She went on to win a slew of World Cup medals and two women’s alpine
championships, including a gold medal in the women’s super giant slalom at the 1998
Winter Olympics in Nagano, Japan and a silver medal in downhill in the 1994 Winter
Olympics in Lillehammer, Norway.
For the 1995-’96 winter, Street allowed Sun Valley to use her name
for promotions, but following that she has not granted the Idaho resort permission for
such use of her name, the suit states.
On Nov. 1, 1998, Street entered into an agreement with Park City Mountain
Resort in Utah as its director of skiing, a public relations position in which she
promotes her affiliation with the resort, Park City communications director Melissa
O’Brien said in a telephone interview.
O’Brien said Park City played no role in the suit’s filing.
Sibbach said he doesn’t know why Sun Valley Co. was not able to
maintain Street’s affiliation, but speculated that Sun Valley probably didn’t
offer her enough money.
The suit states that "Ms. Street expressly consented to the use of
her name and image in Sun Valley’s 1995-‘96 winter brochure. The same cannot be
said with respect to the current use of Ms. Street’s name and image.
"Indeed, Mr. Sibbach of Sun Valley approached Ms. Street requesting
permission and authorization from Ms. Street to use her name and image in a new wave of
advertising and promotional material. Ms. Street declined Mr. Sibbach’s offer and
refused to consent to the use of her name and/or image. In fact, Ms. Street has entered
into an agreement with a competitor of Sun Valley."
Sun Valley general manager Wally Huffman said he believes Street’s
case holds little weight.
"Last August we first talked with her legal people," he said in
an interview. "At that time and at this time we don’t think their case has any
merit. I just got notice (about the lawsuit) and until we have the chance to review it
further, we’re going to reserve comment."
Evans, one of two Street lawyers who filed the complaint, said a lawsuit
was not Street’s preference.
"The law firm that’s representing Sun Valley took an outrageous
position," he said.
Street’s suit charges seven counts against Sun Valley Co., including
violation of federal and Idaho laws.
The suit alleges violations of the federal Lanham Act, which grants award
of civil damages for the unauthorized use of commercial names and symbols. According to
the act, any person who sells goods or services using a name that is likely to
"deceive as to the affiliation, connection or association of such person," is
subject to legal action.
It also states that plaintiffs, if they prevail, are entitled to recover
"defendant’s profits, any damages sustained by the plaintiff, and the costs of
the action."
Ken Freudenberg, a Colorado attorney specializing in intellectual
property, said that judging by a description of the suit, "it certainly would seem
that there’s some merit to it."
Freudenberg said that, generally, the names of famous living people cannot
be used for promotional purposes without their consent.
"If there’s value in their name, then they’re entitled to
it instead of everyone else," he said in a telephone interview. "I think that
she may under present-day law have a pretty good case because they’re trying to ride
on her coattails."
Freudenberg pointed as an example to a suit won by entertainer Johnny
Carson against a portable toilet company that had adopted the name "Here’s
Johnny."
Freudenberg said Street may have a case even though the Sun Valley ads
contained a factual statement rather than an endorsement. He pointed out that if a company
terminates a promotional contract with an athlete, it can’t then say "He used
our stuff last year."
However, Freudenberg speculated that if Street prevails, it is unlikely
she will be able to collect as damages all Sun Valley’s profits since the allegedly
unauthorized ads began to run, as she is asking. Under the Lanham Act, such damages are
permissible, but are "subject to the principles of equity."
"It’s hard to conceive of a court actually doing that,"
Freudenberg said. "It’s not that having her name in the ad generated all the
profits for the ski area."
The likely damage award, he said, would be the value of the contract Sun
Valley would need to have entered into to legally use Street’s name. However,
Freudenberg said, based on his experience with similar suits, Street’s case is likely
to be settled before going to trial.
"Filing a suit is cheap," he said. "Litigating one is
expensive."
