Carlsbad involved in two lawsuits over parking and golf course
July 11th, 2008 Categories: Carlsbad Beaches, Carlsbad Business Community, Carlsbad City, Carlsbad Community Events, Carlsbad Outdoor Events
CARLSBAD– Well it has been a busy week of instigating litigation for the city. Earlier this week it was announced that the city is suing a resident for trademark infringement with the use of the city’s golf course name and logo. Now the city is suing to block the installation of an ‘iron ranger’ that would convert the Tamarack state beach parking lot from a free lot to a 
paid lot.
The Crossings at Carlsbad
Carlsbad’s new golf course is reported to be the most expensive public golf course ever constructed, $70,000,000, by almost double.
“I can’t think of anything that comes close, other than the one in Pleasanton,”($40 million) said Jeff Shelley, who tracks 4,000 to 5,000 golf course construction projects around the country for golfconstructionnews.com. -North County Times, 2/10/2007
The city’s lawsuit is against Prince Reza Shah and acusses Shah “ of numerous improper acts and (an) overall scheme to effectively hijack and unlawfully profit upon the name ‘The Crossings at Carlsbad.’ ” – San Diego Union, 7/10/2008. Shah filed trademark paperwork shortly after the city announced the name of its new course. In a quote from the city’s outside attorney, it apppears that Shah did in fact file prior to the city and he feels 
that they are infringing on his trademark.
“We’re a first-to-use country, not first-to-file,” when it comes to trademarks, Reinbolt said. “The theory is, once one starts using a trademark and building up good will, they should be able to trade off that.
“(Shah) was able to quickly get something on file,” but that doesn’t mean he owns the name, said Reinbolt, an attorney with Procopio, Cory, Hargreaves & Savitch.
Reinbolt said the city established its right to the name by building and operating a golf course.
“Did he intend to operate a golf course?” Reinbolt said.– San Diego Union, 7/10/2008
Should be interesting.
Tamarack State beach parking lot lawsuit
Earlier I wrote about the state’s decision to change the Tamarack state beach parking lot to a paid lot, $8 a day. Obliviously with the lack of parking at Carlsbad beaches, other than residential streets, the city opposes this step. However the city needs to take additional responsibility here.
See the city had an agreement in place with state and was paying $40,000 a year to keep the lot free. This was initiated the first time the state pulled permits to install an ‘iron ranger’ in 1994. Those permits expired in 2000 and so did the city’s payments. Had they kept up, we may not be here now.
So now with the state coffers in need of money the state is looking for additional revenues. They have predicted that the change at the parking lot could increase revenues $340,000–$500,000. The city and state have been in negotiations to try to restart the payments but they are far apart. With the slab and base for the pay station having been installed, the city obliviously felt backed in to a corner and filed a lawsuit against the California Coastal Commission.
In its request for a court injunction, Carlsbad argues that the state Coastal Commission acted inappropriately when it approved the proposal in May. Among other things, the city believes that state commission failed to give enough weight to environmental issues related to the project, Assistant City Attorney Jane Mobaldi said Thursday.
The city asserts that if the state starts collecting $8 to park at Tamarack Beach, beachgoers will look for free parking on surrounding
neighborhood streets and cause horrendous traffic troubles, Mobaldi said. Carlsbad is also arguing that these beachgoers will then use unofficial pathways down to the ocean from their vehicles, damaging sensitive coastal bluff areas.– North County Times, 7/11/2008
Now if you have ever been to the beach in Carlsbad you know the concern about the bluffs is a joke. The change in the parking at Tamarack will have zero impact on accessing the beach. There are numerous trails that exist and are being used in the TerraMar area that the city has never expressed concern about or offered to put in stair cases. 
After all the city is on record as stating the beaches belong to the states park and therefore all the responsibilities and maintenance.
The state has agreed to halt the installation process until the hearing on the suit in the beginning of October. However I imagine an agreement on a payment plan would cause this lawsuit to be dropped.
Either way, I believe the state is going to see six figures in income and Vigiluccis will lose their overflow parking.
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