COMMENTARY

MILT THOMAS

It appears that Charlie Wilson’s upstart chamber has removed the starfish logo from its website. Could that be due to the backlash created when InsideVero wrote about it on May 19  (See: New “chamber” hitching a ride on a starfish)

This may seem like a non-issue to some, but in truth it was a potential legal issue. Now, anyone can use a starfish in a logo, but not if it is meant to copy the logo of an existing business to create confusion in the minds of that business’s customers. As the May 19 story pointed out, the Indian River County Chamber of Commerce first incorporated a starfish in its advertising last November. Wilson announced his chamber two months later, but with a “Discover Vero” logo. Then, in March of this year the Indian River County Chamber introduced its new tourism smartphone app continuing the starfish theme. Soon after, Wilson changed his logo to a starfish.

Now, taken by itself, this may not seem to be a legal matter. But back in January when Wilson announced his new business, he named it the Vero Beach Chamber of Commerce.  That was the name used by the Indian River County Chamber of Commerce for almost 90 years, until it became the County-appointed agency for tourism and economic development as well. Then it updated its name to reflect the new responsibilities, as the Vero Beach-Indian River County Chamber of Commerce, shortened to its current name, Indian River County Chamber of Commerce. It’s mission in representing Vero Beach area businesses never changed, however.

To further confuse the issue, Wilson sent out a letter to all Vero Beach area businesses in January “welcoming” them to the new chamber and attaching an invoice. Many companies then called the Indian River County Chamber thinking this invoice came from them. Others simply paid it assuming the invoice came from the established chamber.  No, that wasn’t illegal either.

However, interfering with the Indian River County Chamber’s ability to do business is certainly grounds for legal action.

With the May 19 InsideVero article about this use of the starfish and all other attempts to confuse the public, Wilson responded with a comment saying he purchased his rendering of the starfish (“The FACT is that the right to the logo was purchased in December of 2013. We own it and We used it first. If you were a “reporter” you might have asked but since you never get anything right even when you are given the information fact checking for you is just a nuisance.”).

If Wilson purchased and used it first as claimed, why did he use a totally different logo until the Indian River County Chamber of Commerce came out with its smartphone app ad, then removed it in favor of his previously purchased starfish? And since it was obviously a poorly scanned copy of a starfish, he should get his money back.

In starting up his new chamber, Wilson also claimed he would not be competing with the Indian River County Chamber of Commerce. However, on his website in January he listed the three areas of concentration being tourism, economic development and the Vero Beach business community. If that isn’t competing, can it only be a remarkable coincidence?

Wilson’s buddies at the island weekly helped him in January with a story announcing his new venture and included a photo of Mr. Wilson standing in front of the existing Indian River County Chamber of Commerce. Another remarkable coincidence?

Perhaps because of Wilson’s unabashed support of the Vero Electric sale to FPL, even Scripps Treasure Coast daily gave front page placement to this new business’s first “event,” a forum to promote the electric sale. Unfortunately, only about 40 people attended, most of them there to skewer anyone against the sale.

Since the starfish strategy didn’t work either, the Wilson chamber probably should try something original to get attention.