November 24th, 2012

VISITOR VS VSTR

Will you Kelly Slater please pronounce VSTR

World Marketing / Visitor Seeks Court Order for Surfer Kelly Slater’s Deposition

World Marketing Inc., owner of the Visitor, Kahuka Bay and Poeta Moda brands of consumer goods, asked a federal court in San Francisco to order Kelly to appear for a deposition in a trademark case. Neil Mossberg who is the VP of World Marketing states, “I know we are not as famous as Kelly Slater, and I know our stock is not traded like Quiksilver’s. However, I also know we will not be wiped out without a fight.”

Quiksilver filed suit in federal court in Santa Ana, California, seeking a declaration that its VSTR brand didn’t infringe World Marketing’s “Visitor” trademarks.

In its complaint, QS, which manufactures and distributes clothing under the Quiksilver, Roxy and DC Shoes brands, argued that the way its VSTR brand name was pronounced involved saying the name of each letter rather than as “visitor” and that it didn’t infringe the World Marketing trademark. Quiksilver has claimed VSTR was based on the initials for “visiting, surfing, traveling and responsibility.

World Marketing said that it learned that Kelly, a professional surfer, is the creator of and spokesman for the VSTR brand. The company alleged that Slater pronounces “VSTR” as “visitor,” and seeks testimony from him to that effect.
Slater hasn’t made himself available to be deposed, World Marketing said, even though he was served a subpoena and Nov. 14 was scheduled for his deposition.

Kelly didn’t appear at the deposition, World Marketing said, and he has claimed he can’t appear until January because he is “preparing full time” for the Association of Surfing Professionals World Championship Tour.

With a Dec. 21 cutoff date for discovery in the case, World Marketing argued that it’s essential to have his testimony. The New York-based company said in its filing that the judge in Los Angeles has said there is no flexibility in the dates set in the case.

World Marketing asked the court to compel Slater to appear for a deposition on or before Dec. 14.
The case is QS Wholesale Inc., v. World Marketing Inc., 8:12-cv-00451-DOC-RNB, U.S. District Court, Central District of California (Santa Ana).

Anthony Ruffo excited that Kelly Slater is a VSTR of Santa Cruz

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