An Oak Bluffs hotelier is suing a former television personality and Island businessman in a Boston federal court for trademark infringement.
Kahina Van Dyke, who owns and operates hotels Narragansett House, Dunmere by the Sea and Inkwell Beach House, filed suit in U.S. District Court last Tuesday against A.J. Calloway for using the Inkwell Beach House name for his new entertainment space in downtown Oak Bluffs.
The lawsuit includes allegations of trademark infringement, unfair competition and unfair and deceptive acts and practices. Ms. Van Dyke is seeking money for damages and for Mr. Calloway to stop using the Inkwell Beach House name.
Mr. Calloway announced his new venture at an Oak Bluffs select board meeting in April, when he got permission to open an “event ecosystem” called Inkwell Beach House in the building formerly occupied by MV Chowder Company. He told the board that the building’s downstairs will house a restaurant and the upstairs will be an events space for talks, gatherings and performances.
Mr. Calloway registered Inkwell Beach House Holdings LLC in Delaware in February of this year.
Meanwhile, Ms. Van Dyke has long been using the Inkwell Beach House name for one of her boutique hotels, located at 87 Seaview avenue. Built in 1899, the hotel has 12 rooms and overlooks the beach for which it is named. It’s registered as Inkwell Beach Cottage LLC. Another of her hotels, Narragansett House, is registered as Inkwell Beach House LLC.
There is no connection to Mr. Calloway, and, according to a statement posted on her company’s website, she incorporated the Inkwell Beach House LLC name in 2018 and Inkwell Beach Cottage LLC in 2021.
“We want to be unequivocally clear: Inkwell Beach House at 83 Seaview Avenue is a property that we purchased in 2021 and is located across from the Inkwell Beach,” the statement reads. “We are not affiliated, associated with or in any partnership with any other newly formed entities conducting business at any other locations.”
“We share this clarification to be in service to our customers, partners, and community — who deserve to know exactly who they are doing business with,” it reads.
Ms. Van Dyke declined to comment further on the lawsuit, as did her lawyer. Mr. Calloway and his attorney did not respond to requests for comment.
The lawsuit alleges that Ms. Van Dyke has experienced public confusion since Mr. Calloway announced the business, with many inaccurately assuming that Mr. Calloway’s venture is somehow connected to Ms. Van Dyke’s hotels.
People have reached out to Ms. Van Dyke congratulating her on the opening of Mr. Calloway’s business, according to the lawsuit. The suit also claims that this confusion has led to a loss of funds for Ms. Van Dyke, and that people have been investing with Mr. Calloway’s business thinking they were investing with Ms. Van Dyke.
“Multiple individuals who believed they were investing in the plaintiffs’ established businesses have directed funds to the defendant’s venture,” the lawsuit reads.
Additionally, the lawsuit alleges that Mr. Calloway has falsely implied that he and Ms. Van Dyke are in business together, despite the fact that they never discussed or agreed upon such a partnership.
“The defendants have manifested their purpose and intent to harm and diminish the value of the plaintiffs’ business by fraudulently and deceptively soliciting investors, diverting business away from the plaintiffs, and acquiring the plaintiffs’ goodwill, reputation and market share,” the suit reads.
A summons has been issued to Mr. Calloway and his limited liability company. An initial hearing for the lawsuit has not yet been set.







Comments (7)
Comments
Comment policy »