NEW ORLEANS — UPDATE: WWL-TV has learned that Essence Fest dropped their cease-and-desist against Baldwin and Company.
However, their suit against event promoter Lit Diaries has not been dropped.
Their statement can be read below:
"Based upon Baldwin Bookstore’s apology and swift action in this matter, Essence has voluntarily dismissed Baldwin from its lawsuit.
Essence is dedicated to protecting festival attendees, the public and our consumers and will take all necessary action to insure the integrity of Essence Festival of Culture.
Essence will defend the rights, creativity, and hard work of our employees and our company and continue to partner with Black-owned businesses in the New Orleans area, and grow and develop our community."
The previous version of the story can be found below:
Lawyers representing Essence Fest issued a cease-and-desist letter to a local business saying it used its trademark to mislead customers. The festival is cracking down on businesses and corporations it says are taking advantage of the festival's audience.
Friday, WWL-TV obtained a copy of a Temporary Restraining Order demanding New Orleans Bookstore Baldwin and Company and event promoter Lit Diaries LLC cease and desist using its trademark to promote and host an event scheduled for June 30th at Baldwin and Co.
Friday morning, a Baldwin and Co Instagram post announced, “All Lit-House Events happening on June 30th” at the bookstore were canceled.
In an open letter, Baldwin and Co’s owner Dernell Johnson said his business is being unjustly targeted. Saying in part he’s “appalled and deeply offended by these actions, particularly considering the unconstitutional nature of Clean Zone ordinances and the unjust targeting of our establishment.”
Clean Zones are areas around Essence Fest events where other events and vendors are banned unless permitted through the city.
Johnson believes, “Clean Zone ordinances disrupt the social and economic activities of the local community, stifling growth and development, and infringe upon the rights of local business owners and the entire community.”
James Williams, an attorney representing Essence, says while clean zones play a role in the cease and desist, his client’s concerns are bigger than that.
“This event by this particular promoter at this bookstore falsely advertised to the public that they were an official Essence festival event,” Williams said. “They falsely advertised that they were partnering with Essence to put this event on.”
According to Williams, Essence was made aware of the event when they tried to book authors for Essence programming who thought they were already participating.
“What’s much much worse is that the promoter, in this case, lit diaries, the lit diaries event at Baldwin books they were charging authors to be a part of this event essence festival doesn’t stand for that,” he said.
Baldwin and Company is not alone. Last week, Essence filed a lawsuit against Spotify for using its Trademark to promote an event around Essence.
“Spotify or no company should be allowed to come in and exploit, take advantage of and capitalize on all the goodwill that the hard-working men and women of Essence do to put on the largest festival in the city,” said Williams.
A lawyer representing Baldwin and Company told WWL-TV they plan to file pleadings in court next week.
WWL-TV also reached out to Lit Diaries LLC for comment on the allegations they were misleading black authors. There was no response at the time of posting this article.
STATEMENT FROM 6/23/2023 regarding spotify lawsuit
Statement attributable to James M. Williams, attorney for The Essence Festival of Culture:
"The Essence Festival of Culture is THE largest festival in the country by per day attendance and for almost three decades has been a mainstay in New Orleans, Louisiana, and an undisputed annual destination for the ultimate celebration of Black culture and community, globally.
Beyond celebrating the talents of Black entertainers and creatives, it also addresses, recognizes and provides resources important to members of the Black community across a variety of areas including health, wealth, civic engagement, lifestyle, technology and entrepreneurship. The festival is an extension of the over five decades that ESSENCE has served Black women deeply and has positioned the Black woman as CEO of home, culture and community, creating ongoing progress for all members of the community because of her impact and influence in society as a whole. The value Black women add to brands and their engagement has long been coveted and leveraged but with blatant misappropriation of her contribution and due share of the revenue and capital realized by the brands that depend on her for their financial success.
To that end, today, Essence Festivals Productions LLC filed suit against Spotify USA Inc., seeking damages against them for unlawfully using Essence’s brand and trademarks during the 2022 Festival to promote events as if they were part of the Essence Festival of Culture – including within a designated “Clean Zone” that encircles Essence Festival venues to protect the integrity and intellectual property of the event by preventing unauthorized performances, certain business transactions and activities.
The Essence Festival generates significant economic impact to the City of New Orleans and State of Louisiana. In 2022, it made an impact of $327 million, created 3,600 jobs, $120 million in labor income, $49 million in city, state and local taxes and $189 million in value added to the state’s GDP. Since its inception, the Essence Festival of Culture has been a lucrative and attractive place and space for Black cultural connection -- physically and virtually.
The unsanctioned Spotify USA Inc. action during Essence Festival of Culture is yet another example of the historic, intentional exploitation of Black culture, Black IP, Black creators, Black businesses and Black equity. We must protect and celebrate those companies that collaborate with our businesses to create and return value in our communities and defend our rights and value against those that chose to exploit our businesses and community.
We look forward to the quick resolution of this matter so that we may fully focus our attention on delivering a festival experience our community expects and deserves."
Mayor Cantrell issued a statement on the cancellation of the literary event hosted by Baldwin & Co, saying:
“The City of New Orleans did not shut down the event highlighting Black authors at Baldwin & Co.,” said Cantrell. “Today's scheduled event was canceled by the bookstore management after the event was found to be in violation of the ‘clean zone ordinance’ passed by the New Orleans City Council.
While this event cancellation and miscommunication is unfortunate, the City and ESSENCE remain committed to uplifting and celebrating Black culture and creators.”
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