Use of murder victim's name subject of legal dispute Friday, August 15, 2008 By Steven Cook (Contact) Gazette Reporter
SCHENECTADY — A dispute over the use of a murder victim's name to raise money has bubbled over into federal court.
Liza’s Legacy Foundation has filed suit against one-time foundation advisory member Timothy Flynn, alleging Flynn used a foundation trademark - Liza’s 5K Run - in promoting a rival event in June. A trademark application is pending, according to the suit.
Martha Lasher-Warner, the mother of Liza Warner, who was killed by her husband in a fit of domestic violence, is baffled as to how a falling out earlier this year has ended up in a lawsuit that could cost funds that rival those raised.
“I carried Liza for 9 months, her father and I named her, we paid for her wedding and for her funeral,” Lasher-Warner said. “If I’m told that I can’t use my daughter’s name in a new organization, something is very wrong with that picture.”
Foundation president Linda Singer did not return calls for comment Thursday. Foundation attorney Nicholas Mesiti also did not return calls this week.
Liza’s Legacy Foundation began in the wake of the October 2004 killing of Liza Warner at the hands of her estranged husband, Russell, in her Princetown home. Russell, confronted by state police troopers, then killed himself.
In her grief, Lasher-Warner has become an advocate for domestic violence awareness, active in several local groups. When Singer came to her with the idea of the foundation, she thought it was wonderful.
The organization has seen modest growth in the years since, moving toward its goals of helping victims of domestic violence and increasing awareness. Last year, in seven events, the nonprofit reported a net income of just under $11,500, after gross receipts of $51,000. Those events included a fashion show, golf tournament and the annual 5K run, according to numbers filed with the state.
The net income from the run was reported at $414, after gross receipts of $5,527.
Problems for Lasher-Warner began last fall, she said. She was concerned about what she said was a delay in help to a victim. She was also concerned about questions she said she asked that were not answered.
Then, in January, she asked for a better understanding of the group’s financials and where the money was going. “I never did receive answers,” Lasher-Warner said.
Unhappy with the direction of the group, Lasher-Warner said she skipped two board meetings. She then said she was voted off the board in May. No longer affiliated with the group, Lasher-Warner still wanted to raise money to fight domestic violence. Her choice was to raise money to donate to Unity House and Families in Need of Assistance.
She worked with Flynn, the run organizer from previous years. They had planned to call it Liza’s 5K Run.
Then came a letter from a trademark attorney, threatening a suit if that name were used. The trademark had been applied for in March.
“My feeling was, how could one domestic violence agency sue another domestic violence agency?” Lasher-Warner said.
Nonetheless, they changed the name, she said, calling it The Run For Help In Memory of Liza Ellen Warner, though the suit includes a application that is headed “Liza’s 5K Run.”
The run raised $5,500, Lasher-Warner said.
She said she feels awful that Flynn was sued. She doesn’t understand why if he was sued, she wasn’t. But they’ll be defending it, using their own personal funds.
ALBANY Nonprofit sues over use of name BY STEVEN COOK Gazette Reporter Reach Gazette reporter Steven Cook at 395-3122 or scook@dailygazette.net.
A dispute over the use of a murder victim’s name to raise money has bubbled over into federal court. Liza’s Legacy Foundation has filed suit against one-time foundation advisory member Timothy Flynn, alleging Flynn used a foundation trademark — Liza’s 5K Run — in promoting a rival event in June. A trademark application is pending, according to the suit. Now the mother of murder victim Liza Ellen Warner is baffl ed as to how a falling-out earlier this year has ended up in a lawsuit. “I carried Liza for nine months, her father and I named her, we paid for her wedding and for her funeral,” Martha Lasher-Warner said this week. “If I’m told that I can’t use my daughter’s name in a new organization, something is very wrong with that picture.” Foundation president Linda Singer did not return calls for comment Thursday. Foundation attorney Nicholas Mesiti also did not return calls this week. Liza’s Legacy Foundation began after the October 2004 killing of Liza Warner by her estranged husband, Russell, in their Princetown home. Russell, confronted by state troopers, then killed himself. In her grief, Lasher-Warner has become an advocate for domestic violence awareness, active in several local groups. When Singer came to her with the idea of the foundation, she thought it was wonderful. Singer, co-owner of Singer’s Jewelers in Albany, knew both Liza and her mother as they were frequent customers. Liza worked next door and often spent her lunch hour browsing through the jewelry shop. Singer also helped create a pin that has been sold to benefit the group. MODEST GROWTH The organization has seen modest growth in the years since, moving toward its goals of helping victims of domestic violence and increasing awareness. Last year, in seven events, the non-profit reported a net income of just under $11,500 after gross receipts of $51,000. Those events included a fashion show, golf tournament and the annual 5K run, according to numbers filed with the state. The net income and contributions going to the charity from the run was reported at $4,414 after gross receipts of $5,527. In the suit, the foundation alleges trademark infringement that is likely to cause confusion or deception. The acts have harmed the foundation’s reputation and “severely damaged” the foundation’s goodwill. Problems for Lasher-Warner began last fall, she said. She was concerned about what she said was a delay in getting help to a victim. She was also concerned about questions she said she asked that were not answered. Then, in January, she asked for a better understanding of the group’s finances and where the money was going. “I never did receive answers,” Lasher-Warner said. Unhappy with the direction of the group, Lasher-Warner said she skipped two board meetings. She then said she was voted off the board in May. Then came the June run. No longer affiliated with the group, Lasher-Warner still wanted to raise money to fight domestic violence. Her choice was to raise money to donate to the Unity House and Families in Need of Assistance. She worked with Flynn, the run organizer from previous years. They had planned to call it Liza’s 5K Run. Then came a letter from a trademark attorney threatening a suit if that name were used. The trademark had been applied for in March. “My feeling was, how could one domestic violence agency sue another domestic violence agency?” Lasher-Warner said. Nonetheless, they changed the name, she said, calling it The Run For Help In Memory of Liza Ellen Warner. Though the suit includes an application that is headed “Liza’s 5K Run.” The run raised $5,500, Lasher-Warner said. She said she feels awful that Flynn was sued. She doesn’t understand why, if he was sued, she wasn’t. But they’ll be defending it using their own personal funds.
Logged
