The Truth Behind The Meatball/Glendale Bear "Copyright Dispute"

Sarah Aujero, the creator of "The Glendale Bear" persona, is a friend. I’ve spoken with her regarding most of these events as they unfolded, and she has extensive documentation backing up her story.

Sarah created the Meatball/Glen Bearian/Glendale Bear twitter account in April 2012. Her tweets recounting Meatball’s tales of life in Glendale were hilarious, and the account became wildly popular, rapidly garnering nearly 30,000 followers on Twitter. As the account became popular, Sarah copyrighted various derivations of the name to protect herself legally from imitators (several sprang up). The popularity of her account dramatically raised the profile of the hungry bear who kept returning to Glendale and turned it into a national news story. When the bear was recaptured after having been relocated and having returned to Glendale twice already, the attention she brought to the story was instrumental in saving the bear’s life. 

A sanctuary in Colorado offered to take in the bear, and Sarah starting selling Meatball-related merchandise related to the bear (much of it designed by me) to help raise funds for Meatball’s relocation. When the bear was prevented from being sent to the Colorado sanctuary by a Colorado state law; Lions, Tigers & Bears in Alpine, where the bear was being held temporarily, was good enough to step up and take the bear in permanently. Despite having no legal obligation to do so, Sarah donated all of the profits from the merchandise that were initially for the bear’s relocation to LTB (and has receipts). Sarah was also able to get her employer to match her donations, so in total she has been directly responsible for nearly $4,000 in donations to Lions, Tigers & Bears.

In addition to directly donating all merchandise profits (times two, since her employer matched those donations), Sarah promoted Lions, Tigers & Bears’ own fundraising efforts and events, and encouraged her fans to donate directly to the sanctuary. Meatball is a star fundraiser: since that time, Lions, Tigers & Bears has raised nearly $250,000 towards a new bear habitat intended for Meatball and several other bears. At a $100 a person fundraising event I attended at LTB with Sarah and several other friends from Glendale (Sarah bought my ticket, and also bought tickets for several family members), Bobbi Brink, LTB’s founder, told the story of Meatball, and, while a person in a “Meatball” bear costume danced on stage, in a few short minutes raised nearly $30,000 in pledges specifically for the new bear habitat. Sarah’s guests from Glendale, including me, all pulled out our checkbooks and donated to the new habitat.

Enter the book.

Sarah was contacted by a publisher interested in publishing a children’s book about Meatball that Sarah would write. Sarah contacted LTB with the good news:

Hi Bobbi, 

I left a message on your voicemail earlier today. 

Would love to speak with you briefly about an opportunity that came up. 

A publisher contacted me about writing a children's book about Meatball. 

I only want to do it if I can donate part of the proceeds to him at the sanctuary. 

I'm excited about this opportunity and I hope something can be finished in time

for the Christmas party and the Rose Parade. 

Please give me a call so we can discuss this further. 

Best,

Sarah

Bobbi Brink, founder of LTB, spoke to Sarah on the phone: an LTB donor had ALREADY written a children’s book with Meatball that they were planning on publishing. This had never been mentioned to Sarah previously. Sarah contacts LTB’s PR person, Jen:

Hi Jen [LTB PR person],

I just got a call from Bobbi and she told me they already have a children's book coming out for him and will be available starting mid-November. 

I'm really excited about the book coming out, and it will be really great publicity for the fundraiser. Unfortunately, I'm also disappointed that I was completely kept me out of the loop on this one because there are some things that need to be discussed. 

Legally, I registered the copyright to his name first, since April 2012, as soon as the Twitter account started getting a lot of buzz and months before Meatball was sent to LTB. As such, it would be advisable if the sanctuary's attorney (&/or whomever is representing the author and the rights to the children's book) contact me as soon as possible, before the book is released.

Also, I would like to work out an arrangement to still release my own children's book for Meatball and I will donate a portion of the proceeds to the sanctuary as originally planned. 

Hope to speak to you soon,

Sarah

Jen, the PR person responds:

Hi Sarah,

Thanks for your email. I have been meaning to email you after I spoke with Bobbi on Wednesday but hadn't had a moment to do so. I'll certainly work with the LTB team to determine the next best steps. Can you tell me, exactly, what you registered for his name (i.e., his public name, "Meatball," or his "Twitter" name, "Meatball the Glendale Bear)? 

Thank you, and we will be in touch soon!

Jen

Sarah responds:

The copyright registration is for all of it, "Meatball" - "Meatball the Glendale Bear" - "Meatball the Bear" and "Glen Bearian."

The trademark is for "Meatball" and "Meatball the Bear" both of which have been in use since April 2012 and sold in commerce since August 2012. I dont want to prevent the sanctuary from raising money in any way nor jeopardize the protections of his name.

The whole point of the registrations was to prevent anyone else from taking advantage of the name and fail to donate the proceeds to the sanctuary, as I have been doing from the beginning. As such, the sanctuary can certainly sell Meatball items to make money for itself but there are licensing and other legal issues that need to be discussed as soon as possible. 

Thanks again for your help!

On October 25th, Sarah was sent and told to sign a legal document from Lions Tigers & Bears’ lawyers that required her to sign over all of her copyright and trademark rights related to Meatball; hand over domain names, turn over existing merchandise, “cease and refrain” from using the Meatball copyright (which would mean handing over or closing @theglendalebear), and “in exchange,” be allowed to return to Lions, Tigers and Bears to visit Meatball. 

In a nutshell: we’ll twist your arm by banning you from visiting the bear you helped save unless you sign everything you’ve created over to us.

Sarah refuses to sign.

In an October 31st e-mail from Sarah to LTB:

You're more than welcome to continue using the name(s). And I will continue to support this bear and the sanctuary. Thanks again for taking such great care of Meatball.

November 1, Bobbi responds:

Sarah

The attorneys will reach out to you

Bobbi Brink

Founder, Director

Lions Tigers & Bears 

On November 12th, after the story broke and in the wake of negative media attention, Bobbi issued the following statement on the LTB facebook page: 

At no point has LTB demanded control of the twitter handle (@TheGlendaleBear) or formally banned Sarah from the sanctuary. The issue at hand is that LTB has a book at the publisher in which all proceeds will go to Meatball the bear. This book cannot be published because of Sarah’s trademark on the Meatball name. We asked her participation, and she not only declined but threatened with legal action, leaving us unable to move forward with publishing, which would result in the inability to fundraise for the bear.

Let’s review this against the settlement agreement that LTB sent to Sarah and insisted she sign:

"At no point has LTB demanded control of the twitter handle (@TheGlendaleBear)"

Okay, let's check that one:

"or formally banned Sarah from the sanctuary."

Let's check that one too:

"This book cannot be published because of Sarah’s trademark on the Meatball name. We asked her participation, and she not only declined but threatened with legal action, leaving us unable to move forward with publishing, which would result in the inability to fundraise for the bear."

Sarah didn’t “threaten legal action” - she offered them a gratis license that would accommodate their book and fundraising needs but would still keep her trademark protections intact. She explicitly and in writing granted them use of the name for free so they could publish their book and continue to fundraise.

So here are the two key facts that make this entire affair ridiculous:

1) Sarah has, in writing, given Lions, Tigers & Bears permission to use the name Meatball without restrictions, for free.

2) There is no dispute as to who owns the actual copyright and trademark - Sarah registered the copyright in April 2012 and has sold Meatball related merchandise (which activates the trademark) since long before Lions, Tigers & Bears was involved in the Meatball saga. (And though she had no legal obligation to do so, Sarah has donated all profits from Meatball-related merchandise to Lions, Tigers & Bears.)

Anyways, that’s about where we are at the moment. Frankly, the way Sarah has been treated by LTB and the lies they have told make me angry. Despite this, Sarah continues to support Lions Tigers & Bears, but won’t sign away her creative work to visit the bear that she has worked so hard to help. Viva Meatball!

On a more positive note than this absurd episode, Meatball will be featured on the City of Glendale's Rose Parade float this year. On November 23rd the City of Glendale will be holding a fundraiser that includes a meatball tasting competition featuring various meatballs from local restaurants (Sarah's idea!); proceeds from the fundraiser will go to the float and Lions Tigers & Bears. Again, despite the misguided idiocy detailed above, Lions Tigers & Bears does good work and the real bear deserves your support.

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My Letter To The City Council Regarding Proposed Honolulu Road Diet

The proposed Honolulu Road Diet project goes before the City Council for approval tonight.  I wrote this letter to the council expressing my support for the project:

Honorable members of the City Council,

I am writing to encourage you to vote for the proposed road diet project on Honolulu.  This is one lane on one road for one mile.  Literally every other road in Glendale is entirely dedicated to the car, and the opponents don't believe they can share one lane, on one road, for one mile...for six months?  Ask yourselves: is that right?  To have 99.9% of roads dedicated entirely to the benefit of those in cars, and not want to share even one tiny piece with others?

In the 2011 Allstate Insurance report on accident rates in the 200 largest cities in the country, Glendale maintained its ranking as the third most dangerous city in the country in which to drive.  As a Glendale resident, you are 80.8 percent MORE likely to be involved in a collision than the average resident of the 200 largest cities in America.  In the 2011 report, the statistical average interval for a Glendale resident to be involved in a car accident was a mere 5.5 years - almost a year sooner than the Glendale's 2005 average of 6.3 years.

Glendale has an abysmal record of speeding, car accidents, and pedestrians and cyclists maimed and killed.  It's time for the city council to look to the future, slow down speeding and create a safer environment for pedestrians and bicyclists -- and drivers too, even if they don't realize it.

sincerely,

Scott Lowe

previously:

• Proposed Road Safety Improvements on Honolulu in Trouble, Write to the City Council With Your Support

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Proposed Road Safety Improvements on Honolulu in Trouble, Write to the City Council With Your Support

The Glendale City Council is considering abandoning the proposed road diet test project along a small stretch of Honolulu in Montrose despite hundreds of letters from residents in support of the project and traffic counts that show there will be minimal disruption to traffic flow.  The benefits of the project would be: 

• Create designated bicycle lanes
• Create a center two-way-left-turn lane at mid-block locations and separate left-turn lanes at major intersections (where currently nonexistent)
• Reduce vehicular travel speeds
• Reduce accident severity, frequency, and number
• Enhance pedestrian safety

If the council kills this project based on a small amount of opposition, it's unlikely that they will move forward with other infrastructure improvements spelled out in the City of Glendale's bicycle master plan.  While the city has been taking small steps forward, Glendale's bicycle amenities lag far, far behind those of Los Angeles, Pasadena and Burbank, to say nothing of Long Beach or Santa Monica.  Everyone knows that Glendale has an abysmal record of speeding, car accidents, and pedestrians being hit and killed on an alarmingly regular basis.  It's time for the city council -- particularly dithering councilman Ara Najarian -- to show some backbone, slow down speeders and create a safer environment for pedestrians and bicyclists. The Glendale City Council can be contacted with your support for the project at citycouncil@ci.glendale.ca.us. Councilman Rafi Manoukian can be contacted separately at manoukiancouncil@gmail.com.  I asked my friend Alek Bartrosouf if I could publish this letter he wrote to the Glendale City Council regarding the project.  His letter is printed below.

Dear Mayor Quintero and Members of the Council,

I am contacting you today as a private resident of Glendale and very concerned voter.  My impetus for writing comes after months of discussion since December over the road diet test. 

After a bewildering city council meeting on June 19, 2012 where a decision to move forward on a road diet test was postponed and subjective staff report was made public at the request of one council member, I took it upon myself to retrace the steps of Council to understand how we got to a stalemate over our first bicycle infrastructure investment out of the Bicycle Master Plan.

In reviewing the meetings since December, I have found the following:

December 31, 2011

• Staff recommends a road diet on La Crescenta Avenue at a cost of $64,000.
• 8 people speak for the project.
• 1 person speaks against the project.
• Quintero expresses an interest in Honolulu.
• Manoukian expresses support for the plan.
• Najarian says there are few reasons to have this test on La Crescenta and expresses support for Honolulu due to slower traffic and its bicycle shop.
• Friedman expresses support for this project, but is willing to look at alternatives.

While the majority is willing to explore a road diet, some express interest in looking at other alternatives and have lukewarm opinions about having the first road diet test on

La Crescenta Avenue.

January 31, 2012

• 10 people speak for the project (with letters of support). 3 people speak against.
• Quintero supports Honolulu specifically. “Road Diets make sense, it will not create bumper to bumper traffic,” he says.
• Manoukian is okay with any of the proposed road diet tests from the report.
• Najarian supports the road diet system as a test on Honolulu.
• Friedman is fine with Honolulu and supports all of Honolulu.
• Council votes 4 to 1 to move forward with Honolulu as its Road Diet Test.

June 19, 2012

• Staff presents opinions stated by the public both for and against the road diet test.
• Quintero asks “why Honolulu?” to staff.
• A petition with 300 signatures, letters from nearby residents, senior living centers, and businesses in favor of the project are presented to the council.
• 26 people speak for the project
• 7 people speak against the project
• 1 person speaks neutrally on the project
• City Manager Ochoa mentions a special meeting for Whiting Woods residents.
• Mr. Haghani, Director of Planning, says main streets should be multi-modal and include various forms of transportation.  “Montrose does lend itself to this type of test.”

Based on the dialogue I am hearing from the majority of council members at these meetings, there is a clear and blatant interest in moving forward with a road diet test. My understanding, and please correct me if I am wrong, is that there is increased pressure from a small group of organized residents in the Montrose area who do not want this project to be tested – the type of folks who promise that this will turn out to be a “disaster”.  It is my understanding that some council members, who were initially in support for Honolulu specifically, are now looking for ways to avoid a minority vote in favor of this road diet test.

I would like to think that I have voted for council members who are forward thinking and progressive leaders who can think independently and look at cases before them in an objective manner.  It is true that public opinion is an important piece of the puzzle and it should be taken seriously, especially when hundreds of people who have expressed explicit support for the Honolulu Road Diet.

Equally important, however, is the ability to step back from the opinions of the public and make an objective decision based on what you feel is best for our community.  Many of you have reiterated in the past – this is only a test.  The only way we can move forward with bicycle improvements is to try things we simply have not tried in the past.  Road Diet studies are consistently clear in their findings to reduce speeds and rates of collision.  Implementing a road diet on Honolulu will also give our community what they want – an overwhelming majority of residents on Honolulu agree that speeds are too high and this project would alleviate that serious concern.

I think that City Council should move forward with this test on Honolulu, which is a street with the least amount of daily traffic from the set of streets presented as options to Council on January 31st. 

I encourage you to seriously consider the future of Glendale and its willingness to be innovative, creative, bold, and appealing to those of us who grew up here and are looking for reasons to stay.  Many of us will be disappointed to observe a minority vote for a project we worked hard for since December in our outreach efforts and start the process all over in another part of town because of a few loud opposers.  The reality is there will always be a few folks who will not be interested in improving the level of service on our streets for all users. The question you face is: are you going to buckle to the pressure?

Your opportunity to lead is now.  Please do what is right for this community and adopt a standard that our children will be proud of.

Sincerely,

Alek Bartrosouf

Again, The Glendale City Council can be contacted with your support for the project at citycouncil@ci.glendale.ca.us. Councilman Rafi Manoukian can be contacted separately at manoukiancouncil@gmail.com.

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Pictures From The Montrose Historical Bike Ride

On Saturday, I -- in collaboration with The Glendale Historical Society, Walk Bike Glendale, Montrose Patch, the City of Glendale Community Services and Parks Department, and The City of Glendale Public Works Department -- led a group of 56 riders on the Montrose Historical Bike Ride.  We had an excellent group of riders of all levels of ability who enjoyed a beautiful day exploring Montrose on their bikes.  After meeting at the Montrose Bike Shop (since 1952!) we covered quite a bit of Montrose history with an extra special stop inside the gates of the former Rockhaven Sanitarium.  Thanks to the City of Glendale for letting us in!

In addition to Rockhaven, we stopped at and discussed the history of the La Crescenta Women's Club, the American Legion Hall (where 12 people died during the New Years Flood of 1934), the Verdugo Wash, Crescenta Valley park and the former Hindenburg Park, the defunct Montrose Railway and

the Montrose Shopping Park.  You can find out more about these sites and many others at The Historical Society of the Crescenta Valley's website.

Here are a few of my pictures from the ride.  I also have an expanded version of this set at Flickr.

riders on Honolulu

riding through the Montrose Shopping Park

Montrose Patch editor Nicole Charky discusses the La Crescenta Women's Club

Michael Morgan, City of Glendale Historic Preservation Commissioner, tells us about the history of Rockhaven

exploring Rockhaven

Rockhaven

riders on La Crescenta Ave

a beautiful watercolor by rider Ricardo Cerezo

Colin Bogart in front of old stone country club gates near Crescenta Valley Park.  He is pointing towards the Verdugo Wash and explaining how an access road alongside the wash could be adapted into a grade-separated bicycle path.

Erik Yesayan of Walk Bike Glendale

riders on Honolulu

Colin Bogart of the LA County Bicycle Coalition, who was invaluable in helping optimize our route

Councilperson Laura Friedman rode with us.  She has been absolutely fantastic on bike and pedestrian issues in Glendale.  She and Erik explained the proposed road diet on Honolulu, which has very low traffic volumes and is plagued by speeders and difficult to cross on foot.

gorgeous fixie

An extra special thanks to The City of Glendale's Fred Zohrevand, who has been instrumental in improving Glendale's bike parking situation, particularly in downtown Montrose.  I meant to thank him at our last stop in the shopping park but forgot.  Thanks, Fred!

Graeme Whifler rode with us and took pictures which you can see here.

Montrose Patch also wrote about the ride and put up a photo gallery.

Thanks to Mike Lawler, whose Historical Society of the Crescenta Valley site was an invaluable resource for preparing my ride notes.

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Thoughts On The John Drayman Indictment

Something is rotten in Montrose.  Former Glendale city councilman John Drayman, who formerly led the Montrose Shopping Park Association and managed the Harvest Market, has been indicted on one count of embezzlement, 10 counts of filing false tax returns, five counts of money laundering, three counts of forgery, one count filing a false financial statement and eight counts of perjury by declaration. You can read the full indictment at Montrose Patch.  The investigation was started last May, when members of the MSPA realized that the sums submitted to the board were far less than the funds Drayman had collected from merchants at the Harvest Market.  After Drayman was removed from handling the money from the Harvest Market and an oversight committee was established, the Harvest Market started earning approximately $100,000 more per year than it had in the years under Drayman.  In fact, the market had become a money losing proposition that was subsidized by the small merchants in the Montrose in the hopes of attracting marketgoers to their businesses.  Revenues jumped 300% after his exit.

The only explanations I can see for the massive financial discrepancies are:

• a) Drayman was collecting and stealing the money
• b) Drayman was exceptionally incompetent at collecting money from the merchants
• c) someone else involved with the market stole the money (apparently without Drayman realizing this?)

Drayman's attorney, Michael Kraut, has indicated that Drayman's defense will rely upon option C: nuking others involved with the market.

From the Daily News:

"The evidence is going to be very clear. The loss of money is going to come from a different person," said Michael Kraut, Drayman's attorney. "My client is cooperating with the investigation; he is talking to the police."

From the News-Press:

“[Kraut] claimed that others, who he declined to identify, were responsible for the embezzlement. ‘[Drayman] has been waiting for his time to finally say what happened in this case,’ Kraut said.”

After reading the charges, Kraut and Drayman have their work cut out for them, especially if the DA has the kinds of financial records they allude to in the indictment.

Glendale is, in some ways, a pretty small town.  I knew and liked John Drayman, and found him to be a responsive when I contacted him with concerns about issues in downtown Glendale - this was before I had a blog or was especially plugged in to Glendale stuff.  We also share a true interest in Glendale history.  So I want to be clear that I don’t enjoy seeing someone I've known experience a downfall worthy of a Coen Brothers film.  I also know Bill Weisman and his wife Sharon, who helped secure John’s bail, and know them to be good people and exceptionally loyal friends.

If the charges aren’t true, then someone who isn’t guilty has had their life ruined - and the rot in the Montrose Shopping Association goes beyond one man.  If the charges are true, they represent an absolutely jaw-dropping betrayal of the trust that the community placed in John Drayman.  Both options are ugly.  I hope the truth comes out and justice is served, whatever that may bring.

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Ex-Councilman John Drayman Indicted For Embezzling $304,000 to $880,000 From Montrose Harvest Market!

From the Glendale News-Press, which is completely owning this story:

"Former Councilman John Drayman was indicted today on charges that he embezzled between $304,000 and $880,000 from the weekly farmers market in Montrose. 

In the indictment filed in Los Angeles County Superior Court, prosecutors also allege that Drayman falsified tax returns to hide the embezzlement, which they say occurred between 2004 and 2011.

Drayman, who was arraigned on the felony charges at a downtown Los Angeles courtroom, pleaded not guilty to the charges. They include one count of embezzlement, 10 counts of filing false tax returns, five counts of money laundering, three counts of forgery, one count filing a false financial statement and eight counts of perjury by declaration."

I highly recommend you read the ongoing coverage at the News-Press.  As of this writing they've also put up  a timeline of Drayman's extensive legal problems (this indictment doesn't even touch the ADI scandal) and have posted a PDF of the full indictment against him.

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Join Me on the Montrose Historical Bike Ride this Saturday, May 12th!

This Saturday I will be helping lead this bike ride of historical spots in the Montrose area, including the Rockhaven Sanitarium and Crescenta Valley Park. Please RSVP here via Facebook.

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