Castro Theatre contractor sued for defective work, promotions company alleges
Castro Theatre contractor sued for defective work, promo company alleges
Bay Area based Another Planet Entertainment is suing a contractor for trademark infringement following claims of defective work at the Castro Theatre. The historic venue reopened in February after two years of renovations worth $41 million.
SAN FRANCISCO - Bay Area-based concert event promoter, Another Planet Entertainment, which operates San Francisco's Castro Theatre, has filed a lawsuit against a contractor for trademark infringement following claims of defective work after the historic venue shut down for two-years' worth of renovations that cost some $41 million.
The promoter is in a legal dispute with general contractor, Alarcon Bohm, over what they allege is incomplete construction, failure to pay subcontractors, and submission of bills that exceeded the guaranteed maximum price of the Castro Theatre's renovation by millions of dollars.
Using promoter's venues to self-promote
The gripe over trademark infringement stems from the contractor's use of names and trademarks associated with Bay Area venues Another Planet operates, including Castro Theatre, Fox Theater, and Bill Graham Civic Auditorium. The contractor is alleged to have used those materials in their promotional materials, on their website, and on social media.
Another Planet says this is a violation of their trademark.
"Another Planet Entertainment has spent decades building a reputation for presenting exceptional live entertainment and preserving some of the Bay Area’s most treasured cultural landmarks," said Gregg W. Perloff, CEO of Another Planet. The CEO went on to say that the contractor is making it appear as if Another Planet endorses the contractor's work. Perloff said that creates a "false impression."
Dig deeper:
According to a spokesperson for Another Planet, who provided KTVU with a copy of the complaint, some of the alleged shoddy work includes: faulty drainage, defective roofing, and improperly installed HVAC equipment that led to water damage to the historic and restored decorative ceiling.
While Another Planet maintains through their spokesman Sam Singer that the Castro Theatre remains safe and open, Another Planet Entertainment argues they should not be the ones responsible for correcting the work the contractor was paid to complete.
The complaint asks that the contractor be prohibited from using Another Planet's trademarked materials from being used in ads and promotional materials.
Singer says in addition, the lawsuit seeks compensatory and punitive damages, in addition to restitution and for attorneys fees to be covered.
The backstory:
The Castro Theatre was built in 1922. The single-screen movie palace has had many uses over the years and has become a cultural institution. In its latest iteration, Another Planet Entertainment, oversaw its renovation, which saw costs balloon from $20 million to $41 million. The renovation, that saw the historic venue's closure for two years, also included the controversial removal of the movie palace's seats to make way for a convertible seating system to accommodate the promoter's live concert events at the Castro.
KTVU has reached out to the contractor for comment but has not heard back.