Trademark Settlement Possible
BY TIM WILKINS
The newly elected members of the Pinehurst Village Council are eager to iron out an agreement with Pinehurst Inc. in the ongoing trademark controversy.
One day after being swept into office, both George Hillier and Steven Smith told The Pilot that they believe the name issue can be solved outside a courtroom.
"I’m no lawyer," said Smith. "But I believe if both parties can agree that this issue can be settled out of court, then we should meet and have discussions. If possible, legal action should be put on hold through the mutual agreement of both parties."
Hillier concurred with Smith, adding that he supports the commencement of discussions as soon as he takes office. According to government statutes, Smith and Hillier can be sworn in by the council as early as the first regular meeting in November, which is scheduled for Nov. 15 — and no later than the last regular meeting of Council on December 20.
"We (council) need to meet with Resorts relatively quickly," said Hillier. "I’d like for council to meet with them within a week or 10 days of my being sworn in. According to the statutes, there is a pretty broad range of when the current council can make my appointment official. I’d like it to be on Nov. 15 — the first regular meeting."
The Village filed its legal complaint against Resorts owner Clubcorp on Sept. 9, requesting that Resorts drop all exclusive claims on the name "Pinehurst."
Resorts Vice President Beth Kocher told The Pilot that Resorts filed its answer to the complaint late Tuesday afternoon, seeking dismissal of the suit.
"I believe the Village has 30 days to respond to our request that the legal action be dropped," said Kocher. "Like any other business would, we’d prefer that this issue be resolved outside of the courtroom.
"I’d like to congratulate all three winners in the Tuesday election, and it is my sincere hope that we can work with the council and move forward on this issue."
Hillier concluded that he also hopes the trademark issue can be quickly resolved. And he added that he believes Tuesday’s election was a mandate from Village residents to do just that.
"The voters sent a pretty strong message that they believe there is a better way," said Hillier. "And we need to seek that."