Malibu Pier officials say the legal dispute has no effect on improvement work going on or public use of the pier, which is now in operation seven days a week.
By Ward Lauren / Special to The Malibu Times
The legal dispute over the ownership and right to use the name “Malibu Pier” will go before a federal court judge in Los Angeles on Aug. 1, Roy Stearns, deputy director of communications for the California Department of Parks and Recreation, said this week.
The suit arose from the claim of Agoura resident Stephen Harper that the name is his intellectual property by virtue of a trademark filed with the U.S. Patent and Trademark Office. Meanwhile, the state says that it has the rights to the trademark, which it has leased to Malibu Pier Partners LLC, the group put in charge of the pier.
“It’s a complicated issue,” Stearns said. “But we feel very strongly that because this name is attached to a state historic structure, it belongs to the people of the state of California. And it seems to be misunderstood that the person who disputes us has a registered trademark for the name; he does not. He has filed for one but it has not been granted.
“We feel we have a strong case because we do have a state registration of the name, filed with the secretary of state, and we have a federal application pending also.”
Stearns emphasized that the lack of a formal decision on the issue has no effect on any plans, projects or activities of Malibu Pier Partners LLC, or use of the pier by the public.
“I talked to our attorney, Laura Reimke, who said the lawsuit over the name does not prevent further work or progress of any kind on the part of our vendors,” he said.
This is evident in the growing activity at the pier in recent months: Weekend boat excursions along the Malibu coastline and increased attendance by the public for pier fishing, sightseeing or simply enjoying the sea air. And sports fishing is expected to return to the pier soon.
“We anticipate being able to make an announcement very shortly that sports fishing boats will be in operation from the Malibu Pier,” said Mark Zuckerman, spokesman for Malibu Pier Partners. “In the meantime, the pier fishing has been excellent, particularly for halibut. And let me emphasize that no one needs a fishing license to fish from a state pier. This is strictly a freebie.”
The hour-long weekend boat excursions are still being offered at the introductory rate of $15 for adults, $10 for youths and seniors, with infants and toddlers allowed to ride for free. Last Saturday’s Father’s Day special was a hit with the men, Zuckerman said, and another cruise, open to all, is scheduled for next Saturday. July’s sailing schedule was not yet available at press time.
“We have opened the pier all the way out to the end,” Zuckerman said. “Some fishermen prefer the deeper water there. And a clean, tiled, well-lighted restroom, not a port-o-potty, is open for men and women in the building at the end.”
The pier is open from sunrise to sunset seven days a week, although some scheduled roofing work on the buildings at the end of the pier will necessitate its being closed weekdays for the next two weeks, he said. Weekends will be open as usual during the roofing project, which is scheduled to be completed by June 29.
Also seeing increased business on weekends is Mo’s at the Pier, which offers food service just inside the entrance, in the service building formerly used by Alice’s Restaurant. Mo’s is open from 11:30 a.m. to 5 p.m., Zuckerman said, and now has a full bar open for service on the patio.