WEGO DRIVER HONORED
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HARROW EXPANSION
OCTOBER 3, 2024 | VOLUME 36 | NUMBER 39
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Judge offers details in denying Cheekwood TRO request
Court battle involving arts nonprofit, Swan Ball group now moves to mediation WILLIAM WILLIAMS
13-year-old Jasper Sentell educates attendees at the Harpeth Conservancy’s 2024 River Swing celebration in Franklin about his rescued corn snake named Ice Cube, Sept. 21, 2024. PHOTO: HAMILTON MATTHEW MASTERS
Harpeth Conservancy’s 2024 River Swing sees local kids take lead in conservation, environmental education HAMILTON MATTHEW MASTERS
Harpeth Conservancy’s 2024 River Swing fundraiser drew hundreds to River Circle Farm on Sept. 21 marking 25 years of work by the conservation group, work that is continuing on in part thanks to the next generation of naturalists. Among the attendees was 16-year-old Battle Ground Academy junior Alison Zierden and Shelly, a large turtle sculpture she handcrafted from trash —such as cardboard, soda cans, and an assortment of plastics — she recovered from the Harpeth
River fastened together and shaped with a chicken wire frame and hot glue. Shelly was then auctioned off along with dozens of other items during River Swing to benefit the Harpeth Conservancy. Following a trip to Costa Rica and Belize to learn about waste management, Zierden began taking part in Harpeth River cleanup events. “Hopefully this spreads awareness, and it’s very accessible to kids and adults,” Zierden told The News. “Picking up one piece of trash
leads to all of this.” Throughout the event 13-year-old West End Middle Schooler Jasper Sentell could be found handling a variety of snakes and box turtles and showing off tree frogs that he’s raised to curious (and sometimes timid) attendees, eager to learn about caring for and protecting our cold-blooded neighbors. “My mom said I caught my first turtle when I was three; I don’t remember that,” Sentell said, adding that at just 10 years old he completed a Master of >> PAGE 2
U.S. District Judge Eli Richardson has ruled that the group that oversees the Swan Ball has, to date, “provided sufficient evidence” of its claim to ownership of the annual event’s trademark — the latest update in a case that now moves to mediation. In his ruling, Richardson notes that — despite Cheekwood Botanical Garden and Museum of Art officials’ claims that because SB Initiative Inc. did not exist before May 2024, it (SBI) could not have been the first to use the mark — SBI has made a “persuasive argument” that the Swan Ball committee was an unincorporated association under Tennessee law and, therefore, existed as an entity (distinguishable from Cheekwood) that “could be deemed to have used the SWAN BALL Mark prior to Cheekwood.” Richardson points to a comment from former Cheekwood CEO Jack Becker as “particularly notable.” According to the court document, Becker said, “neither I nor any member of the Cheekwood staff had any input or control over the Swan Ball operations.” Richardson ruled Cheekwood has failed to meet two of the four requirements necessary for its requested temporary restraining order (TRO) relief. The judge stated that he did not find that [Cheekwood] “has a likelihood of success on the merits.” The ruling (see attached) provides background explanation and >> PAGE 2
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