Under threat of Baltimore City confiscation, Sun Media Group recently withdrew more than 400 distinctive orange boxes for its new, free publication “b” ? already in dispute for its alleged likeness to R&B Publishing Co.?s rival Bmore Live ? because the requisite permit process had not been followed.
Some reportedly remain on city streets.
“They are going through the permit process,” confirmed city Department of Public Works Minor Privilege Permit Office head Timothy Night, who said two “b” boxes had been confiscated.
“Last week [Sun Media Group] decided that they were going to put out some of their boxes,” said Minor Privilege Permit Office spokesman Kurt Kocher. “We told them they cannot do this until they are approved by the Board of Estimates. So they took them back off the street. If there are some remaining in various locations, they will have to pick them up.”
The permit process, which includes a fee of $35 per box per year as well as notifications to residents near the proposed locations, takes four to six weeks to complete and likely is important to “b?s” April 14 debut ? at least in Baltimore City.
The new tabloid is already taking fire from R&B?s Richard Sandza, who publishes BMore Live as both a section in the weekly Baltimore Guide and as a stand-alone monthly.
Sandza has filed an infringement complaint with the U.S. Patent and Trademark Office, and in a February letter to the Sun Media Group he protested its use of the name “b” and color orange in the publication.
“We got a response; we?re still analyzing it,” Sandza said, adding that his initial impression is that a fight is in the offing. “It?s a lawyer deal.”
Sandza doesn?t expect a patent office determination for at least 18 months.
“We had an ad rep go into a store last week and the owner thought that the “b” salesperson was a Bmore Live salesperson,” Sandza said. “I don?t think that the Baltimore Sun is going to be happy with the confusion when it works in my favor.”
Calls to Sun Media Group were not returned.
