[INFIPSTIGATION] Park Slope Food Coop v. Barneys Co-Op

image via RackedOh for fuck's sake. It's true [gawd, I thought it was a good April Fool's joke].

So yes, I emailed Park Slope Food Coop General Manager Joe Holtz to get his side of the story.

Here you go. Have your fun, you dirtbags... I hate that you're right.

On 4/15/10 7:51 PM, "Allison" wrote:

Hey Joe,

You didn't really say this, did you?

"Holtz, who made his objection clear in a letter to this newspaper this week, indicated that Barneys’ use of the term muddles the very definition of co-op and, in doing so, undermines the 37 years of effort made by the Park Slope Food Coop to essentially brand the idea of cooperative shopping."

“Barney’s misuse of the word dilutes this effort and effectively undermines our business model and, for lack of a better concept, ‘brand,’” said Holtz."

And, if you did, how come? It seems kind of ludicrous to worry about the "brand."

Thanks, Allison 

On 4/16/10 8:16 AM, "Joe Holtz" wrote:

here is copy of the letter I submitted. I did not say it. Not happy that they did not run my actual letter. see attached 

(SO LONG I'M PUTTING AT END IN ITS ENTIRETY BUT IT PRETTY MUCH SAYS WHAT THE BROOKLYN PAPER SAID IT SAYS).

On 4/16/10 9:53 AM, "Allison" wrote:

Say it ain't so, Joe. 

This just seems so picayune and petty to many, many cooperating, escarole-loving members. I did my double yesterday and asked a staffer, who thought it must surely have been an April Fool's joke.

I think if anything is going to undermine the idea of the coop "brand" in Brooklyn, it would be a frivolous lawsuit of this kind.

I think you're a terrific and practical fellow, Joe, so I'm surprised that you'd pursue something like this. I don't care what old law is on the books, NOBODY is going to confuse Barney's co-op with the food coop. There are a lot of bad, dumb old laws on the books in this country. Did you know you can get fined $1000 for undertaking an act of genocide under federal statutes? In NY, you can still be fined for flirting or transporting carbonated beverages without a permit.

Barney’s Co-op may be coopting the concept but they’ve been doing it for 25 years. Don’t we have bigger wild fish to fry?

Can you explain your rationale and whether you’ve rethought it? Are you hearing from members that this is a dumb idea? I’m asking on the record, by the way, for my blog, on which I am the sole defender of the awesomeness of the food coop, unless we do anything indefensible.

Best, Allie

Then Joe...

On 4/16/10 11:50 AM, "Joe Holtz" wrote:

The idea that this is an old unused law is not accurate. The NYS Business Corporation Law is no doubt even older but it no doubt is used more. The NYS Cooperative Corporations Law is what new food coops in NYS use to become corporations. I think coops are an excellent business model and I think many could benefit from being members of a variety of coops. Even though not that many coops are forming, the law that coops use to incorporate is not arcane. Its not in my opinion comparable at all to the bad dumb laws you point out.

The word co-op or coop or cooperation should mean something. Can a store open around the corner that is not a cooperative but use the name? What about 5 stores? I hope not. The law recognizes this problem.

Nevertheless, I have not decided to go to court and ask for an injunction as the law says I can. If our coop is interested in that it would most likely be more appropriate as a decision of our General Meeting. At this point  have no plans. But I will say that educating people about what a coop is not a small task and frivolous use of the name makes that harder.

I had no idea that Barney's has been using the name "co-op" for 25 years. I guess 25 years ago they should have been more careful. The Thursday Night Squad Leader that incorporated us in the 1970's knew immediately of the existence of this NYS Law. Why didn't Barney's know?

And thus far I have heard from very few members about this. 

And, finally, back to moi...

On 4/16/10 12:38 PM, "Allison" wrote:

Oy. Well, let me be the first. 

Love you. Even love/hate the coop. I sort of get what you're saying. Well, not really but I'll give you the benefit of the doubt. But I'd venture a guess I'm not alone in thinking this does the "brand" of cooperative shopping in the great BK no favors.

See you soon!! Can't wait to get back upstate.

Allie

Here is Joe's original Letter in Full...

The Brooklyn Paper

Letter to the Editor

April 2, 2010

Re: Your article:

April 1, 2010 / GO Brooklyn  / Carroll Gardens–Cobble Hill / Shopping

Hide the charge cards — Barneys is coming to Cobble Hill!

By Michèle De Meglio

The Brooklyn Paper

To the Editor:

Barney’s planned use of the word “co-op” in the name of their Atlantic Avenue store is a problem for us. We have been in the process of educating Brooklynites for 37 years about the benefits and meaning of the word "coop" as defined by the  NYS Cooperative Corporations Law and the International Principles Of Cooperation (www.ica.coop/coop/principles.html). Barney's misuse of the word dilutes this effort and effectively undermines our business model and, for lack of a better concept, "brand." The Park Slope Food Coop is highly recognized in Brooklyn and is inextricably linked to the word and concept of Coop. For Barney's to use that same term in a manner that appears to be illegal under New York Law and run a business that is not in any fashion reflective of the real meaning of the word harms our cooperatively owned and democratically run business. 

The specific reference in the law is: NYS Cooperative Corporations Law, Article 1 Section 3  (J) states “ The term “cooperative,”  “cooperation” or any abbreviation, variation or similitude thereof, shall not be used as or in a name except by a corporation defined in this chapter. Any cooperative corporation may sue for an injunction against such prohibited use of the term. A violation of this prohibition is a misdemeanor, punishable by a fine of not more than five hundred dollars.”

Furthermore, Article 1 Section 2 states “ It is the declared policy of this state, as one means of improving the economic welfare of its people, particularly those who are producers, marketers or consumers of food products, to encourage their effective organization in cooperative associations for the rendering of mutual help and service.”

This doesn’t describe Barney’s business model.

In cooperation,

Joe Holtz

General Manager

Park Slope Food Coop Inc