Feds Accept Town Letter Over Ditch Plains Trademark

A protest by East Hampton Town over a private company's attempt to trademark "Ditch Plains" – the name of the renowned Montauk beach known best for its surfing – has been accepted by the federal government, and will be reviewed further before possibly rejecting the trademark application.

The office of the East Hampton Town Attorney had previously filed an objection to the application with the U.S. Patent and Trademark Office, and on Tuesday, the office noted that "the evidence submitted by the protestor is relevant and may support a reasonable ground for refusal."

Along with the letter is over 20 pages of past media articles "showing the geographic significance of the term." Articles point to the beach's identity as a surfing hotspot, attempts to re-nourish it following Superstorm Sandy, and even as a place for people to do some bird watching. Acceptance of the town's letter means its contents will be brought to the attention of an attorney examining the trademark application.

"Ditch Plains is popular with both beach-goers and surfers.  In fact, the name is known world-wide among the surfing community," stated a letter from Town Attorney John Jilnicki. 

Supervisor Bill Wilkinson added that because of the popularity of the name, it should be exempt from trademark status, and fall under the domain of the entire public.

"If that can be trademarked, I don't see why we wouldn't have trademarked everything in the Town of East Hampton by now," Wilkinson said. He noted that while serving on the Montauk Lighthouse Committee, the group had considered trademarking the name of the lighthouse, though decided otherwise after determining it fell under public domain.

Seena International produces a line of Ditch Plains clothing – which its website describes as "a surf inspired life style brand" – has sought the trademark, a move both officials and locals have rejected as absurd and unfair.

"This is an unfortunate attempt to profit from a public asset," said Dominick Stanzione, liaison to the hamlet of Montauk.

The company applying for the trademark was sued by retail giant Abercrombie & Fitch in 2010 for copyright infringement, claiming the Long Island company was making "blatant copies" of its clothes without permission.