Battleground over Ahmanson Ranch spreads into the Internet The developer claims that Save Open Space (SOS) is infringing on its name by using ‘Ahmanson’ on theweb site that criticizes the plan

Battleground over Ahmanson Ranch spreads into the Internet
The developer claims that
Save Open Space (SOS) is infringing on its name by using ‘Ahmanson’ on theweb site that
criticizes the plan

Ahmanson Ranch and its opponents have been to court plenty over the past 10 years concerning the environment.

Now the two sides are bracing for legal battle in a different arena: cyber space.

Officials representing Save Open Space (SOS), an Agoura Hills organization, said they would continue operating a popular Web site opposing the 3,050-home development in southeastern Ventura County despite charges that the site infringes upon Ahmanson’s name.

The site – www.ahmanson.org. – was set up by SOS last year to expose potential problems created by the 2,800-acre mini city, including destruction of plants and animals and more traffic that would clog roads and freeways.

Lawyers for the Ahmanson Land Company told SOS in a letter dated June 22 to surrender the domain name or face a lawsuit.

"By using the Ahmanson trade name and mark to draw traffic to your Web site, you are unlawfully trading on Ahmanson’s good will in clear violation of federal and state trademarks, dilution and unfair competition laws," the letter said.

But the Ahmanson name is not trademarked, according to Paul Nicholson, whose Moorpark-based Electronic Imaging Systems, Inc., constructed the Web site.

"You can have a McDonald’s nursery and sell flowers and plants and that’s not infringing on McDonald’s restaurant," he said.

"It would be one thing if we were trying to get in the commercial mortgage business (a reference to Ahmanson Mortgage), but we’re not."

While the boundaries of cyber-space law remain unclear, Ahmanson lawyers point to a 1997 case in which an anti-abortion group was told that its domain name couldn’t use the words "planned parenthood," an infringement on Planned Parenthood Federation of America, Inc.

Ahmanson gave SOS until June 27 to dismantle its Web site or face legal action. SOS scoffed at the threat, saying it would "vigorously defend all frivolous actions."

Other organizations that use Ahmanson in their domain name, such as Ahmanson Theater and Ahmanson Pediatric Center, have an agreement with Ahmanson Land Company, said Tim McGarry, vice president of Ahmanson’s parent company, Washington Mutual.

"Our sole objective in this action is to recover our trade name," McGarry said.

"It is not our objective to suppress criticism or anyone’s First Amendment rights certainly. We believe strongly that opponents of the project have every right to express their views on the web in advertising or other venues. This is a trademark infringement matter, not a free speech dispute."

Nicholson disagreed.

"Basically what they’re trying to do is cyber-squat in reverse," he said.

"They want the domain name, Ahmanson.org., so they can get us off the air. And I can’t see any indication that they want a [Ahmanson Ranch] site for their own, because they don’t have one."

Environmentally speaking

Ahmanson Ranch opponents celebrated a recent decision by the California Fish and Game Commission that could lead to the listing of the rare San Fernando Valley spineflower as an endangered species.

Thought to be extinct 70 years ago, the spineflower was discovered by botany experts last December on the southern slope of Laskey Mesa where some of Ahmanson’s homes are planned to be built.

The city of Calabasas requested the flower be placed on the endangered species list.

McGarry said Ahmanson Ranch doesn’t oppose listing the spineflower.

The development company is working with Fish and Game and U.S. Fish and Wildlife Service officials, he said, on ways to protect the flower.

"Every since the discovery of the spineflower we have treated it as if it were listed as an endangered species," McGarry said.

Ahmanson is cooperating with a Ventura County order in May calling for a supplemental environmental study at the ranch, McGarry said.

The county gave its approval to build the homes, stores and golf courses in 1992.

Opponents earlier this year asked the U.S. Army Corps of Engineers to complete a federal environmental study before allowing any grading to begin.

They also oppose an oak tree permit that would allow a road to enter the development near Thousand Oaks Boulevard and Mountain Gate Drive at the Calabasas border.

The permit was granted six years ago, but appealed by Calabasas and other agencies.