Comite Fiestas de la Calle San Sebastian, Inc. v. Cruz
3:14-cv-01929
D.P.R.Sep 13, 2016Background
- Comite Fiestas de la Calle San Sebastian, Inc. (Comite) sued Mayor Carmen Yulin Cruz and the Municipality of San Juan (MSJ) under § 1983 and Puerto Rico law asserting trademark infringement, political discrimination, free exercise and free speech violations, libel, and bad-faith contracting related to the 2015 Fiestas de la Calle San Sebastian (FCSS).
- MSJ is the governmental sponsor/organizer of FCSS; Comite is a nonprofit that historically participated in and claims ownership of related festival marks and activities; other contractors (Buena Vibra Group, San Juan Family Entertainment) also provided services and kiosks.
- Parties entered a 2015 Lease Contract giving Comite use of Plaza del Quinto Centenario and twelve kiosks; MSJ coordinated stages, sponsors, and cultural programming. Some municipal payments and contractor documentation were initially not produced, prompting court sanctions and a compliance submission.
- Comite alleges ownership and secondary meaning in three marks: “La SanSe,” “Fiestas de la Calle,” and “Fiestas de la Calle San Sebastian,” and claims MSJ used the marks, favored politically aligned contractors, and made defamatory statements about Comite’s bookkeeping.
- On MSJ’s summary judgment motion the court deemed many defendant facts admitted (due to Comite’s failure to comply with Local Rule 56), reviewed the limited properly supported facts, and evaluated each federal claim and related Puerto Rico claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trademark (Lanham Act & PR law) — validity and infringement of festival marks | Comite claims ownership and acquired distinctiveness of three marks and that MSJ infringed/used them | MSJ contests ownership, distinctiveness (marks generic/descriptive/abandoned), and fair use; notes lack of exclusive branding by Comite | Court dismissed claims for two marks for lack of evidence; held “Fiestas de la Calle San Sebastian” lacks secondary meaning (effectively generic/descriptive) — summary judgment for defendants on trademark claims |
| Political discrimination / Freedom of association (First Amendment) | Comite says MSJ favored Popular Democratic Party–aligned contractors and excluded Comite for political reasons | MSJ says Comite is apolitical and plaintiffs offer no evidence MSJ knew Comite’s political affiliation or that adverse action was politically motivated | Comite failed to make a prima facie showing (no opposing affiliation or MSJ knowledge) — summary judgment for defendants |
| Free exercise / RFRA | Comite says MSJ tried to eliminate its religious-origin participation (procession, masses, honors, kiosks) | MSJ argues no law, ordinance, or action prevented Comite from conducting religious activities; contractual allowances permitted cultural and religious events | Court finds no governmental prohibition or substantial burden; RFRA and Free Exercise claims fail — summary judgment for defendants |
| Free speech / retaliation | Comite claims MSJ replaced traditional cultural programming and retaliated for critical statements or filing suit | MSJ contends coordinated programming with Comite and lack of evidence that statements occurred or that MSJ knew/motivated adverse action | Plaintiff presented no evidence of protected speech known to MSJ or adverse contractual terms — free speech claims waived or dismissed on summary judgment |
| Libel (Puerto Rico law) | Comite alleges Mayor Cruz falsely accused Comite of "cooking the books," costing sponsors | MSJ argues official-capacity immunity and that Comite failed to prove falsity and damages | Court held plaintiff failed to prove falsity — summary judgment for defendants on libel claim |
| Puerto Rico contract claim (good-faith negotiation) | Comite alleges breach of duty to negotiate in good faith | MSJ sought dismissal of federal claims and suggested declining supplemental jurisdiction | With federal claims dismissed, court declined to exercise supplemental jurisdiction and dismissed contract claims without prejudice |
Key Cases Cited
- Dunn v. Trs. of Bos. Univ., 761 F.3d 63 (1st Cir.) (summary judgment dispute standard)
- Tobin v. Fed. Exp. Corp., 775 F.3d 448 (1st Cir.) (role of summary judgment to assay the proof)
- Wynne v. Tufts Univ. Sch. of Med., 976 F.2d 791 (1st Cir.) (summary judgment procedural guidance)
- McGrath v. Tavares, 757 F.3d 20 (1st Cir.) (disregarding unsupported conclusory allegations)
- Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1 (1st Cir.) (importance of local rules for summary judgment)
- Bos. Duck Tours, LP v. Super Duck Tours, LLC, 531 F.3d 1 (1st Cir.) (trademark distinctiveness spectrum)
- Umbehr v. McClure, 518 U.S. 668 (U.S. Sup. Ct.) (First Amendment protections for government contractors)