Pike Place Market Lawyers Threaten Suit Over Sign, Clock Images

A hand-painted china plate depicting the Pike Place Market is triggering accusations of trademark infringement and threats of a lawsuit.

Jeff and Julie Akerson thought they had a novel idea when they decided to create and paint china plates commemorating the historic open-air market and its two most visible attributes, the Public Market Center sign and the big red-and-white clock.

The couple invested $34,000 from their savings and loans from friends to design and manufacture 5,000 plates.

So far, 25 stores throughout the region are selling the 10-inch plates, including Sur La Table, Made in Washington, Kitchen Basics, Simply Seattle and Exclusively Washington, says Jeff Akerson. The plates retail for $29.95. At the Pike Place Bar & Grill, people can eat their meals off of the specialty plates, while the Museum of History and Industry recently agreed to carry them.

But the market's landlord, the Pike Place Market Preservation and Development Authority (PDA), says it owns the registered trademarks to the Public Market Center sign and the well-known clock.

There are myriad items, including aprons, bags and T-shirts sold at the market with images of the red neon sign, the clock and even Rachel the Pig. But the issue here appears to be whether people who are not market vendors, such as the Akersons, can sell such items.

In a sternly worded letter from the PDA's law firm, Preston Gates & Ellis, the couple were told to stop selling the plates.

"Such use is likely to cause confusion, to cause mistake and to deceive, and will lead consumers to believe that such goods offered by your company emanate from the Market."

The plates could also unfairly compete with the bags, aprons and other things sold by market vendors that bear a likeness to the market, said Jennifer Stephens, PDA communications director, in a letter to the Akersons.

Akerson, a retired chef, and his wife, a hospital nurse, say they sought and received permission to sell the plates from the Pike Place Market Merchants Association. The couple are giving the association 25 percent of the profits from the plates.

But the PDA disputes whether the association had the authority to give permission. The Akersons had also approached the market's nonprofit charitable foundation, but was turned down after the PDA asserted its trademark rights.

"If he (Jeff Akerson) had been a market craftsperson, it would not have been a problem," says Marlys Erickson, executive director of the Market Foundation.

The Akersons have no intention of halting their plate-selling venture. They have three other plate designs in the works.

But the couple are willing to compromise. They have offered the PDA 25 percent of the royalties, which the board turned down.

"We've done nothing but all the work, putting store owners at risk who are selling the plates, and putting time and money into the marketing," he says. "The PDA is the only one that wins."

Seattle Times staff reporters Florangela Davila and Christine Clarridge contributed to this report.

Lynne K. Varner's phone message number is 206-464-3217. Her e-mail address is: lvarner@seattletimes.com