Friday, February 06, 2009

Smackdown by Harrah's: Rustic Frog you'll be again.

The Tribune's Daniel Suddeath describes one of the biggest legal no-brainers in recent memory, a federal judge’s decision that there is no c-r-e-a-t-i-v-i-t-y in “Rustic Frog.”

Heck, we knew that already, but apparently Harrah’s has no sense of humor when it comes to identity theft.

II Horseshoe in New Albany required to change name following casino complaint.

A federal judge ordered II Horseshoes Gentleman’s Club to be renamed following a complaint filed by Harrah’s License Co., the parent company of Horseshoe Southern Indiana Casino and Hotel in Elizabeth.

The New Albany club — located at 1720 Old River Rd. — switched its name from Rustic Frog to II Horseshoes last year when it became an adult entertainment venue.

Judge Sarah Evans Barker declared club owner John Mattingly violated trademark laws by using the name and the Horseshoe Casino symbol, which she described as a distinctive logo with the mark of a gold horseshoe.
Now the real fun begins. With the city council prepared to improve property values and keep the gallery seats open by approving a new adult cabaret ordinance, the redubbed gentlemen’s club vows to file its own lawsuit against the city, which means that it surely can’t be long before someone connects the dots between smut and the sewer system … and we’re using EDIT funds to pay legal fees.

At least our casino commuters won't be misled on their way to Harrison County.

10 comments:

Iamhoosier said...

Next they do the zoning part. Is there really anywhere in New Albany much more isolated than where (insert name) is located now?

While I am not a fan of such venues, I don't want to see all of New Albany's legal expense money spent on just one problem place.

G Coyle said...

Wow - would the mayor's friend sue the city? What a cesspool...

Christopher D said...

let the rustic horseshoe stay where it is, and work on ordinances to stop anymore more from coming in.
Should the strip club shut down, change owners etc, then it would notbe grandfathered anymore.
Dont waste, as Hoosier said, precious money on fighting something that is removed from casual sight anyway.
The only people who are going to see that place are the people who are looking for it!

JoshuaDenzil said...

Okay, that is it! I must now descend upon the Rustic Shoe like the misogynistic whore monger that that my carefully cultivated reputation makes me out to be. I have been staying away to avoid the cliche, but enough is enough. It is time that my crumpled dollar bills stayed in New Albany.

I am all for allowing this den of iniquity to remain open, even prosper under the expert business tutelage of former Officer J. Mattingly.

I grew up 2 doors down from the aforementioned Mattingly and even though I was brought up to fear this alleged 'crook', no one could ever tell me exactly what made him a bad person. Potholes were filled, and snow was cleared from the streets while he was director of public works. Was/is he shady? Of course he is! But is that a crime? I want my city officials and flesh purveyors to be at least a little shady. Shady gets things done.

Maybe my affinity for the shade comes from my own dance with the other side of the tracks that has defined a portion of my life, but in the end, chicks dig shady.

I will file a full report once I have properly investigated the Rustic Shoe and all of its fine employees.

Ann said...

I just hope John doesn't come to court in a giant diaper a la Larry Flynt.

lawguy said...

I thought Caesars legal position that constomers were "confused" by the labelling was amusing. I havent seen the Horseshoes\Frogs establishement, but I struggle to believe it was as clean, fresh and opulent as a business owned/operated by a casino company. Who would be so confused as to think it was a Caesars related entity? But kudos to their lawyers for pulling it off!

Matt Nash said...

The former council attorney the city attorney and even "Mr. Rock" conceded at a council meeting that gentlemen's clubs cannot be banned from our town, only regulated. If the current location is not ideal,then where would the say would be OK.

I think the next thread should be a name the strip club contest.

Highwayman said...

I'm going to step way out on the very end of the smallest branch of this tree in an effort to point the way out of this forest.

The underlying concept that began this debate was not the arguable lethel moral dangers of an adult entertainment facility.

It was the FACT (remember that word?) of yet another city ordinance that was duly passed and added to our code book (you know, that big thick volume of fine print that defines our city's structure, character, & direction?) while there was never (that's NOT EVER!) any attempt to enforce it.

Okay! I'll acquiese that based on history between it's origin and now it MAY not have been upheld by the courts.

But the more research that I do as a layman the more it seems that is the risk with any law.

So the real question becomes this.

Have we as a society arrived at a point where we are more willing to suffer the affects of lawlessness rather than even attempt enforcement?

Is it really that gouch to expect law makers & lawyers to actually apply themselves to their trade?

Do judges REALLY eat people??

As to the idea that half naked girls doing gymnastics is more harmful to our community than is substandard housing in laughable at best.

Our young may indeed suffer some fallout by bad example from the former but they are by no choice of their own, forced to live in the latter.

So which is the more damaging?

Better yet where is ROCK and their bands of followers when those issues come to the forefront?

I find it interesting that when the conversation concerns sex & drugs they are banging the drums with zeal but when it turns to slumlord housing, drugs, & child abuse by proxy they clear the room.

Could it be these issues are inter-related?

Could it be that if they were to add their voices to ours on the latter issue that progress on correcting the root problem be made?

Just food for thought.

John Manzo said...

Let's see. We have a porn shop on a busy road. We have a massage parlor on a busy road. We now have the Naked Frog in some obscure place that you either have to be heading towards of hopelessly lost to find. Frankly, I'm more concerned about the other two places that are easy to find and easy to see.

How about we adopt the Boston idea and have our own 'combat zone.' Put everything by the Naked Frog and do not allow signs to find it. Protests do not close these places down and lawsuits are expensive and often prove to be fruitless. However, a lack of business does close these places down. Zone and obscure spot for them, do not allow signs, and let them die a quick and natural death.

Ann said...

I like the name the 'Naked Frog', John. I was thinking along the lines of the 'New Albanian Stripping Company'.