neighborly idiots

Judge rules on dispute over Newport group

Monday, March 28, 2011
By TERRENCE T. McDONALD
JOURNAL STAFF WRITER

A Superior Court judge has ruled that a Jersey City attorney has the exclusive rights to use the name Newport Neighborhood Association, rejecting a city resident's claim that she was the first to use the moniker.

Robert Vivien, president of the Newport Neighborhood Association, celebrated his victory, saying the judge saw "innumerable e-mails, fliers and so forth" that prove his predecessor, former NNA president Monica Coe, was the first to use the group's name at a meeting in December 2004.

"We have proof of everything that we asserted on the witness stand and that's why we were so credible," Vivien said.

The dispute reaches back to 2003, when Newport had a single tenants-based organization dubbed the Newport Waterfront Association. A rift developed between Coe and Sonia Maldonado, then the group's acting treasurer.

Coe joined a separate organization, first known as the Waterfront Association and then as the Newport Neighborhood Association.

But Maldonado formed a group called the Newport Neighborhood Association in August 2006, and claimed she had exclusive rights to the name. She soon sued Vivien, who became the group's president in 2006

Last week's court decision, by Judge Thomas Olivieri, dismissed Moldonado's claim and bestowed exclusive rights to the NNA name to Vivien's group, which he said has 110 paid members.

Maldonado, who concedes Coe first used the NNA moniker in December 2004, nonetheless insists that Olivieri's ruling was the result of an "old-boy network." She said she was not allowed to offer witnesses to rebut Vivien's claims.

"I think it was a very biased hearing," she said, adding that the ruling only gives Vivien exclusive rights to the NNA name in New Jersey.

Maldonado may appeal, but she's not sure she wants to spend more time and money on the suit, she said.

"At this point, I'm not inclined to go that route," Maldonado said.


http://www.nj.com/news/jjournal/jerse ... 30129350650880.xml&coll=3

I still can't get over how much PUB this situation receives.

These 2 organizations are actually fighting this out in the Hudson County Superior Court. Either side, as they say, "aint playin!"

This storyline jumped the shark about 18 months ago.

I know nothing about the case, but when I see someone complain that the judge was given a "bunch of lies," I'm immediately skeptical of her case since she surely had the opportunity to correct the record and introduce her own evidence, if she had any.

Thanks Wibbit for the support. The fact is that the Jersey Journal article mistakenly focused this name dispute on personalities, myself and Ms. Maldonado, when the dispute is between 2 organizations. In addition, they failed to emphasize that we won exclusive use of the NNA name in the State of New Jersey. Thus, the headline should have read, Vivien's NNA Wins Exclusive Rights to Name in New Jersey. Instead, it presented the issue as 2 kids squabbling over a name. I ask anyone with such a criticism to consider what you would do or how you would react if someone attempted to steal you personal name and tell the world they were Joe Smith, not you.

Given that whoever wins at the prelim injunction stage 99% of the time wins at trial and is granted a permanent injunction, this omission is misleading. Additionally, they failed to disclose the fact that the mini-trial on the prelim injunction occurred over a longer period than most trials, from September, 2008 to June, 2009. As such, each party had more than an ample opportunity to produce any witnesses or documents in support of its argument. Thus, there is really nothing left to cover at any future trial other than our request for damages from the Court.

In terms of the Jersey Journal's coverage and focus on this dispute being a personality dispute, as President, I did not have unilateral decision making authority to defend the NNA name and fight for our exclusive use of it in Court but rather, the NNA Board made that decision.

Further, the dispute preceded me as I only moved into Newport in January, 2004 and didn't learn of the 2 Newport associations until the following Fall. However, Ms. Maldonado has persisted in attacking me individually and attempting to make this a dispute between the 2 of us. In this regard, her entire legal strategy was based on attacking my character and offering highly questionable evidence that her use of the name preceded my use.

Specifically, she introduced evidence during the long trial on the preliminary injunction, which commenced a year ago and was completed in June of this year, indicating her first use of the NNA name in August, 2006, about the period when I became President of the NNA. In what seems to everyone to be a clear obsession with me, my first use of the name is not what governs and what the judge based his decision on, but rather, my predecessor as President, Monica Coe. Monica first used the NNA name back in late 2003 by changing her group's name from the Waterfront Association to the Newport Neighborhood Association. This was designed to end the confusion that existed as both Newport groups were using virtually the same name, Newport Waterfront Association and Waterfront Association.

I hope this clarifies some of the omissions in the Jersey Journal article, which was generally a decent article.

Hope Sonia Maldonado would lose and just go away, dont think she's mentally balanced, and i dont mean that as an insult..

I remember her daughter would say something offensive, then when people voiced their distaste, sonia would then come in to edit/delete/ban everyone who voiced objection and change all the posts to fit their version of the story. At one point, she literally banned more than half the board i think. The only people left in her version of the "newport waterfront associations" were a couple of her friends.

Of course newport is a migrant town, so there are always newcomers who are clueless and thought they were join a normal community group.

The disturbing part is the speed at which she bans/moderates the board, it was almost instant at all times of the day.

It's our name! No, it's our name! - the Newport name squabble

Saturday, September 19, 2009
By PAUL TAKAHASHI and KEN THORBOURNE
JOURNAL STAFF WRITERS

Well, for Robert Vivien and Sonia Maldonado, residents of the Newport community in Jersey City, it's meant a yearlong legal battle that is set to resume in December.

At issue: Who has the right to call their residents-based group at the 4,000-apartment complex the "Newport Neighborhood Association."

The latest victory in this legal war, the roots of which stretch back at least six years, goes to Vivien.

Last month, a Hudson County Superior Court judge signed a preliminary injunction giving Vivien's group exclusive use of the name.

Vivien believes the ruling is the beginning of the end for Maldonado, whom he accused of hijacking the old name of the organization and said is now trying to glom onto the new name.

"The judge ruled for us because for a preliminary injunction he looks at who is most likely to win at trial," Vivien said. "What is left at trial is the damages in the case, and we are seeking damages against her. We want to recoup all of our attorney fees, which is several thousands of dollars."

Maldonado - a well-known presence at City Hall for her advocacy of all things Newport and for bitter confrontations with Downtown Councilman Steven Fulop - fiercely believes Vivien is counting his chickens before they hatch.

"We have transcripts from the proceedings that demonstrate that he misrepresented and misled the court in a paper he submitted to the court," said Maldonado, who declined to be photographed for this story. "The judge was handed a bunch of lies. So as a consequence, the judge's findings are full of errors."

Furthermore, Maldonado said, she incorporated her "Newport Neighborhood Association" in February 2007, one month before Vivien's "Newport Neighborhood Assn." was incorporated.

According to court documents, the roots of this controversy date to at least 2003, when a single tenants-based organization existed at Newport and was called the Newport Waterfront Association.

By October 2003, a serious rift had developed between Monica Coe, then the president of the waterfront association, and Maldonado, who was the treasurer. Coe left the group and formed the "Waterfront Association," according to court affidavits.

But because of the confusion two similar sounding names caused, Coe changed her group's moniker to the "Newport Neighborhood Association" in November 2003, according to a court affidavit submitted by Coe.

Maldonado was left to run the "Newport Waterfront Association."

But that wasn't good enough for her, said Vivien, who became the Newport Neighborhood Association's president in 2006.

"She can't get over the fact that she didn't win despite holding on to the NWA (name)," Vivien said. "She is basically trying to steal our name."

Maldonado remains confident the judge will see things her way when court proceedings pick up again in December.

"I'm completely convinced once the judge sees all the evidence, he'll judge in our favor," she said.

Quote:

Quote:

Merriam-Webster:
no?to?ri?e?ty /noun 1: the quality or state of being notorious 2: a notorious person

no?to?ri?ous /adjective : generally known and talked of; especially: widely and unfavorably known


You can't make this stuff up.

The plot thickens...

For a reason known only to Sonia Maldonado, I was the recipient of an email from her that included the following limited email addresses:

From: mald269@aol.com

To:aluis@sparowwine.com; mgarcia@sparowwine.com; jmartinez@sparowine.com; cc1168@staplescopycenter.com; contact@bollywoodfunknyc.com; CurranK@jcnj.org; Mbellucci@hudsoncountynj.org; mike@kissing.com; mschmidt@jjournal.com; brightmoments@gmail.com; brownl@jcnj.org; deb_curto@menendez.senate.gov; drodrigu@jjournal.com; editorial@hudsonreporter.com; ggguzi@PANYNJ.gov; healeyj@jcnj.org; hsun@jcnj.org; info@visionarychurch.net; jfink@jjournal.com; l_klarfeld@yahoo.com

Subject: Trademark Infringement

Newport Neighborhood Association?

an affiliate of the Newport Waterfront Association, Inc.

Greetings,

The Newport Neighborhood Association, Inc., is a New Jersey Corporation actively promoting awareness on transportation and neighborhood issues. We are pleased to notify you that on February 19, 2009, our service mark was approved for Registration with the U.S. Patent and Trademark Office.

For many years, we have organized educational and cultural events in Newport. We have developed notoriety and good will for our service mark, and are very concerned about third party infringement. In fact, I believe Newport?s business community does not wish to support trademark infringement or allow notices, signs or other publications that infringe on our service mark.

Therefore, please discontinue any activities that would constitute infringement of our service mark. Among other things, we would object to allowing third parties to enter into contracts under our service mark, or post infringing signs or distribute infringing literature on your letterhead, in your establishment, or on city streets or property. Also, please advise me what steps you will be taking to avoid infringement (direct, contributory or join infringement).

If you have any questions, or would like to discuss any proposed corrective response, I can be reached at 201-963-8682.

Sincerely yours,

Sonia Maldonado, President

Newport Neighborhood Association, Inc Newport Neighborhood Association?

an affiliate of the Newport Waterfront Association, Inc.

Shhh, don't suggest anything publicly. Sonia may run (figuratively) down to Trenton to reserve the name.

More seriously, I have suggested, and continue to suggest, that Vivien adopt one of various names and just move on. Having said that, there is no way I can condone Ms. Maldonado's conduct.

It seems easy to just take a new name, like:
Newport Tenant Association (NTA)
Newport Community Association (NCA)
Newport Survivors Association (NSA)

It was very clear to me that Robert Vivian's only "mistake" was to allow word to get out before rregistering the name.
It gave Sonia Maldonado the chance to underhandedly "get there first."

Any claims by Miss Maldonado like "Sonia Maldonado, who claims she started using the name in 2006" are pure fantasy and everyone knows that.

It should be relatively simple for Miss Maldonado to provide some verifiable paperwork from 2006 or some postings on her website to justify any such claim of her using NNA or Newport Neighborhood Association back that far.

As I recall, Robert Vivian announced his intention to rejuvenate the previously existing Newport Neighborhood Association well before Sonia ran down to Trenton and take the name.

I hope an archive of that message exists, as it would show that Robert's group had been operating as NNA, and Sonia reserved the name specifically to take it away from them.

Rival groups battle for same name
Monday, December 15, 2008
By CHARLES HACK
JOURNAL STAFF WRITER
Two groups based at Newport in Jersey City are embroiled in a trademark dispute over which entity has the right to be called the "Newport Neighborhood Association."

Since October, the case has been wending its way through the Chancery Division of the Hudson County Superior Court.

In one corner is the plaintiff and president of the Newport Neighborhood Association, Inc., Sonia Maldonado, who claims she started using the name in 2006 to represent the not charitable affiliate of the long-standing nonprofit Waterfront Neighborhood Association.

In the other corner stands Robert Vivien, who uses the exact same name, Newport Neighborhood Association on his Web site and stationary, but since being slapped with Maldonado's lawsuit in October, has distinguished his group as the "Newport Neighborhood Assn" - that's "Assn," not spelled out and with no period at the end.

Maldonado said she started the affiliate because it allowed the group to engage in activities, such as lobbying on transportation issues, that the nonprofit is prohibited from doing.

She also registered the name with the state Department of the Treasury on Feb. 23, 2007, a week before Vivien registered "Newport Neighborhood Assn" on March 5.

The state Department of the Treasury has sided with Maldonado, sending a letter to Vivien in June telling him his group's name had been "filed in error" and that for tax purposes he must alter the name to make it more distinguishable.

Vivien argues his group is the rightful heir to the Newport Neighborhood Association/Assn banner.

Plus he argues, he registered and reserved the name the same day - March 5, 2007. Maldonado reserved the name on Feb. 23, 2007, but didn't incorporate until March 27, 2007, according to the lawsuit.



?2008 Jersey Journal
? 2008 NJ.com All Rights Reserved.

To set the record straight yet again which the NNA Trustees believe is a constant requirement when confronted by the outrageous, false and bizarre claims of the NWA,
the facts include the following. Yesterday, the NNA won again in its efforts to counter the outrageous and bizarre efforts by the NWA to defame its leaders and purposes, politicize what is a voluntary non-profit community based organization and persistently fail to co-exist peaceably in the Newport community.

Specifically, the NNA chose wisely to bring the real fulcrum of the legal problem created by the NWA by stealing our name to the correct court, Chancery, and thereby had its case purposefully dismissed in Special Civil Court. Additionally, the frivolous counter-claim by the NWA, which alleged that the NNA chose the name Newport Neighborhood Assn. to somehow try to confuse the public and steal the alleged goodwill of the NWA, which asked for $500,000 in damages, was dismissed out of hand by the court because there was no basis in reality for such a claim and it far exceeded any reasonable bounds of sanity. So we move forward in our efforts to be a truly representative organization pursuing our worthy goals derived from the widespread support of the Newport and closeby development communities.