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May 22, 2002 Most surfers are now familiar with the ongoing Surf Legends/Abercrombie and Fitch battle that began anew when a federal appeals court overturned a June, 1999, ruling in favor of the massive clothier. The case involved a lawsuit by George Downing, six others and their lawyer, Brent Blakely, after an unauthorized photo of Downing, Buffalo Keaulana, Paul Strauch, Joey Cabell, Rick Steer, Ben Aipa, Mike Doyle and Fred Hemmings at the 1965 Makaha International Surf Contest was featured in the clothing manufacturer's 1999 spring catalog. Well, it ain't over yet. The case resumed on Friday, May 17, and proved to be yet another letdown for Downing and crew. According to staff reports from the Los Angeles Times, a federal judge announced a mistrial concerning the Hawaii chargers' damage suit against Abercrombie & Fitch. To add to the mounting hang-ups, the Times reported that U.S. District Judge Manuel Real charged George Downing of "violating his order not to discuss the case with the news media" after his comments appeared in the Los Angeles Times Southern California Living portion of Friday's paper. Downing, Blakely and the others still contend that Abercrombie & Fitch used the photograph as an advertising tool, which requires consent from the photographed individuals -- and none of the surfers were contacted. However, the clothing big-wig asserts that the photo was used in conjunction with editorial content, which, in that case, doesn't require granted permission. It is a fight that will surely require patience and hard work on the surfers' part due to the size and power of their opponent. But setbacks or not, it is a fight that, as of now, George Downing and the other legends are willing to continue no matter how long it takes. --Andrew Lewis  |
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