Burlesque groups take ‘Sassy Lassy’ spat to court

Two competing burlesque events are fighting over the name "Sassy Lassy."

With both Las Vegas events scheduled for the same weekend in early June, organizers of the older event think the dispute is serious enough that it needs to be addressed right now in federal court.

U.S. District Judge Philip Pro has set a hearing for this afternoon on an emergency application for a temporary restraining order filed by the Burlesque Hall of Fame, which claims in a lawsuit that Frederic Apcar Productions is confusing the public by using the nonprofit corporation’s "Sassy Lassy" trademark.

"The lawsuit has no merit, and in fact, the name is trademarked elsewhere in the United States," said Laura Herlovich, who spoke on behalf of Frederic Apcar Productions.

The Nevada company is producing the Sassy Lassy Burlesque Show, which is scheduled for June 3 and 4 at the Plaza, where the Burlesque Hall of Fame had its annual weekend in June 2010.

Meanwhile, the Burlesque Hall of Fame Weekend 2011 is scheduled for June 2 through June 5 at The Orleans.

Burlesque legend Tempest Storm, a Las Vegas resident, said she has contracted to perform at the Plaza show. At 83, the red-haired dancer will be returning to the same stage where she fell and broke her hip during introductions at last year’s Burlesque Hall of Fame Weekend.

"I’ve recovered from the broken hip, and it’s like nothing ever happened," she said. "I feel 25, and sometimes I act 18."

As for the lawsuit, Storm said, "I just don’t like to get involved in all these squabbles."

Attorneys Mark Tratos and Laraine Burrell, who represent the Burlesque Hall of Fame, have not commented.

The 34-page complaint was filed last month against Frederic Apcar Productions, a limited liability company; its owner, Frederic Apcar Jr.; and Luke Littell.

Apcar and Littell are described in court documents as Las Vegas residents and former members of the charity’s board. The men are holding their competing event "to make money for themselves," according to the application for a restraining order, which aims to stop the defendants from staging a burlesque event using the "Sassy Lassy" name.

"Defendants have the opportunity to hold their event but under a different, non-confusing and non-infringing name," according to the document.

The lawsuit is full of history about the hall of fame, which is described as a California nonprofit corporation that has existed "in some form" since about 1955. Around that time, burlesque performer Jennie Lee established the Exotique Dancers League of North America as a trade union for burlesque entertainers.

SASSY LASSY DATES TO AT LEAST 1969

Lee hosted annual social gatherings for the members of the dancers league, according to the lawsuit. Around 1965, she announced plans to create a burlesque hall of fame. Around 1969, Lee owned and operated nightclubs in San Pedro, Calif., including The Blue Viking and The Sassy Lassy.

The lawsuit claims The Sassy Lassy "is widely recognized as the first public home" of the Burlesque Hall of Fame.

"Since at least as early as 1969, the Sassy Lassy name and trademark has been used on many advertising and promotional materials for the reunion events and later on items such as T-shirts, matchbooks, and programs," the complaint alleges.

Around 1990, former exotic dancer Mary Lee "Dixie" Evans moved to Helendale, Calif., to help care for the ailing Lee, who died that year.

In 1991, Evans helped Lee’s husband establish the Miss Exotic World Pageant to draw attention to the art of burlesque and the fledgling Burlesque Hall of Fame Museum. According to the lawsuit, the pageant became the annual gathering for members of the burlesque community, their friends and fans, and "was also the primary means by which the nonprofit organization and museum received funding."

Around 2000, according to the complaint, Laura Herbert decided to visit the museum with Littell, her then-boyfriend. Herbert, now a member of the Burlesque Hall of Fame board, later became involved in promoting the shows. Herbert, Littell and other volunteers worked to protect the museum memorabilia and moved the collection to Las Vegas.

According to the lawsuit, the Burlesque Hall of Fame, BHOF, had its first Las Vegas pageant in 2006 at the Celebrity Theater on North Third Street.

"It was through staging the show at The Celebrity Theatre that Ms. Herbert and Mr. Littell first came into contact with Frederic Apcar Jr., who was then a part-owner of The Celebrity Theatre," according to the document. "It is believed the BHOF event brought a considerable sum of money into Mr. Apcar’s theatre."

The Burlesque Hall of Fame grew, and its pageant was at the Palms in 2008 and at The Orleans in 2009.

"The BHOF was initially given a three-year option to hold its pageant at The Orleans the first weekend of every June," the lawsuit alleges. "However, following the actual event, The Orleans rescinded that option which BHOF believes was due in large part to Littell’s conduct at the venue during the 2009 pageant and subsequent mismanagement of communications and finances."

HALL OF FAME EVENT MOVED TO PLAZA IN ’10

In 2010, the hall of fame needed an alternative venue for its pageant and was persuaded by Apcar to use the Plaza, according to the complaint. The lawsuit claims Apcar and Littell produced the show and guaranteed that the Burlesque Hall of Fame would be paid at least $30,000, but that amount never was paid.

"When Apcar and Littell realized that the BHOF would not sanction their handling the 2011 Burlesque Hall of Fame Weekend and pageant, they surreptitiously entered into their own contract with The Plaza Hotel for their own burlesque event thereby precluding BHOF from holding its event there a second time," the complaint alleges. "More egregiously … Apcar and Littell used their prior connection with the 2010 Burlesque Hall of Fame Weekend and pageant to induce The Plaza Hotel to enter into an agreement with them for the 2011 event."

The lawsuit further claims the defendants are taking in "tens of thousands of dollars" in application, vending, retail and advertising fees "under the guise that their burlesque show is affiliated with, and/or sanctioned by Plaintiff’s original and renowned Burlesque Hall of Fame."

In addition, according to the complaint, "Apcar and Littell have persuaded well-known burlesque performers and legends, including Dixie Evans and Tempest Storm, who in previous years performed at the BHOF events, to participate in their event in 2011 and not in the BHOF event."

Many people are "boycotting" the Burlesque Hall of Fame’s 2011 event, according to the lawsuit, because of the confusion as to which is the "real show."

The lawsuit’s claims include trademark infringement, unfair competition, breach of contract and deceptive trade practices. The hall of fame is seeking unspecified damages, in addition to a restraining order and permanent injunction.

Tiffany Widdows, a spokeswoman for the Plaza, said she did not know about the lawsuit until contacted last week by the Las Vegas Review-Journal. Owners of the resort announced in September that they were closing the hotel tower for renovations, but Widdows said the showroom and a few hundred slot machines remain in use.

She confirmed that the showroom has been rented for a burlesque event during the first weekend in June.

"We’re merely providing event space, just a location," she said. "That’s the extent of our involvement."

Contact reporter Carri Geer Thevenot at cgeer@review journal.com or 702-384-8710.