August 17, 2022 - More questions have arisen surrounding the King Coal Festival, traditionally held the third weekend of September each year in Williamson, West Virginia.

Recent developments include a letter sent to the city of Williamson by the Action in Mingo group, and the approval of a King Coal Festival to be held in Kermit the same weekend as the one scheduled in Williamson.

During the Williamson City Council meeting Thursday, Councilman Ralph Hall said the city had received a letter stating it was from a lawyer representing Action in Mingo requesting that the city cease use of the King Coal name for its upcoming festival or legal action would be taken.

The letter cites a filing with the United States Patent and Trademark Office on behalf of Action in Mingo to trademark the King Coal Festival name. This filing was made in May 2022, with the festival entering its 49th year.

“It has recently come to our attention that your organization is using a mark confusingly similar to that of our client’s The King Coal Festival trademark in connection with services offered by the organization,” read the letter signed by attorney Felix A. Gonzalez. “Your unauthorized use of a mark confusingly similar to our client’s federally registered trademark for similar services has made consumer confusion not only likely, but virtually certain.”

Hall asked for the city’s attorney Nathan Brown to clarify the legal implications of the letter and asked if the city should cease use of the King Coal name for its festival scheduled in September.

Brown said he is not a trademark law attorney, but recommended council approve him seeking advice from someone in the field who does specialize in that area. Brown also made a note that if this issue is eventually taken to court that the city would have to seek outside council to represent them who is versed in trademark law.

The letter said if a response was not received within 15 days stating that the city would cease and desist use of the King Coal name, Action in Mingo “may conclude that all steps short of litigation have been exhausted, and proceed accordingly.”

The letter was dated July 7, with that 15-day period ending July 22. The letter was reportedly not delivered to the city clerk’s office until July 24.

Councilman Stuart Hight recommended ceasing use of the name. Councilman Mike Casey asked if the name could simply stop being used until the city knows whether or not Action in Mingo has been awarded the trademark or if their application is still pending.

Mayor Charlie Hatfield expressed frustration and asked the council to just let it go through its process and not to respond. Brown advised against not responding, as the letter was put into the public record at the meeting and not responding in any way would reflect negatively on the city.

City event coordinator Tonya Webb said the city has the King Coal Festival registration with the West Virginia State Fairs and Festivals. She said she still plans for the event to move forward as scheduled Sept. 15-17 under the King Coal name.

Webb also noted there are King Coal Festivals in areas other than Williamson, including in other states, so she is unsure how a trademark could be awarded to Action in Mingo when the name is in use in other areas and had been before the filing in May. An online search shows other King Coal Festivals, including one in Illinois.

Webb asked the council to approve her filing for a business license under the name “Williamson’s King Coal Festival” with the West Virginia Secretary of State’s Office. The council approved this action, and also approved Brown sending a response letter to Gonzalez at the return address provided with questions on the status of the trademark process, what areas geographically the trademark extended to and about the date of the letter’s delivery.

Webb also told council she had heard the town of Kermit had approved having a King Coal Festival there. Hatfield said he had reached out to Mayor Charles Sparks.

Jada Hunter, president of Action in Mingo, confirmed in an email to the Williamson Daily News that the King Coal Festival in Kermit will take place Sept. 15-18.

“We are excited to be able to continue our tradition of celebrating our Appalachian heritage at the King Coal Festival, our own 49th, this year in Kermit, WV,” Hunter said. “Mayor Sparks, the councilmen and councilwomen welcomed us with open arms. It will be held on our traditional third weekend in September, which is Sept. 15 through 18, ending with the gospel sing on Sunday. We are happy to invite our usual gospel singers back who always sang for Mae Stallard. We are also introducing a few new gospel singers this year.”

Action in Mingo had previously approached the town of Delbarton to allow them to host a King Coal Festival there. This request was initially approved, until backlash prompted the group to withdraw their request to that town’s council.

Hunter and Action in Mingo began advertising the Kermit event late last week after it was approved Tuesday, Aug. 9.