An environmentalist who has repeatedly refused to comply with a judge”™s orders in a trademark dispute has won a COVID-19 imprisonment reprieve.
U.S. District Judge Nelson S. Roman had ordered Jeffrey Salt to surrender to the U.S. Marshal in White Plains on March 23, “until such time as he purged himself of contempt.”
But on the surrender date, Roman postponed imprisonment to June 5, “in light of (the) recent COVID-19 pandemic.”
Roman had held out the possibility of jail time a year ago, in what has become a 10-year trademark dispute.
Waterkeeper Alliance Inc., an umbrella group that represents hundreds of watershed protection groups worldwide, sued Great Salt Lakekeeper and Great Salt Lake Water Keepers in 2010.
Waterkeeper, then based in Irvington, is perhaps best known for the work of Riverkeeper, the environmental organization that fishermen created in 1986 to clean up the Hudson River.
Waterkeeper had licensed an organization in Salt Lake City, Utah, headed by Salt, to use Riverkeeper trademarks. Salt was fired but kept using the trademarks at a new organization, Spirit of Utah Wilderness Inc., doing business as Great Salt Lakekeeper.
Waterkeeper revoked Spirit of Utah”™s trademark license in 2008 when Salt was arrested on a felony assault charge.
But Salt kept using the trademarks, according to court records, and even referred to himself as the Great Salt Lakekeeper.
Last year, Roman fined Salt and his organization $144,800 for violating court orders and instructed them to disavow use of the trademarks on the website and social media accounts.
Roman concluded two months ago, “by clear and convincing evidence,” that Salt and his organizations have continued to disobey the court.
The threat of monetary sanctions did not dissuade Salt from using the trademarks, Roman noted. That left civil imprisonment as the only remaining penalty that might motivate Salt to obey the judge.
Salt can purge himself of contempt by stopping to use the Waterkeeper trademarks, identifying all instances in which they have been used and paying fines.
Salt did not reply to an email message asking for comment.
Roman also granted Salt”™s application for a court-appointed attorney to represent him during the contempt and civil confinement proceedings. Salt had been representing himself for the past six years.
Waterkeeper is represented by Manhattan attorneys Jason L. Libou and John H. Reichman.
