As the Pittsburgh Downtown Partnership prepares to celebrate the 50th anniversary of Light Up Night, the organization is stepping up enforcement of its trademark rights to the annual event.

Letters were sent out to organizations, communities and businesses last month, informing them that if they wish to use the term "Light Up Night" in their brochures and websites, they will have to pay for it: $100 for municipalities; $250 for commercial establishments.

Holly Geitner, the partnership's vice president of marketing and communications, said letters informing local municipalities of the organization's trademark of the term "Light Up Night" were meant to protect their license, not to collect $100 fees. But that doesn't mean they won't try to make other organizations, including local communities, pay to use the phrase.

The letters, which were sent to every municipality in Allegheny County on Aug. 30, noted the upcoming 50th anniversary celebration for Pittsburgh's Light Up Night and said the communities could take part in a regional Light Up Night celebration by paying a $100 licensing fee for use of the name.

Ms. Geitner said the organization officially trademarked the term "Light Up Night" in October 2003 but did not push to enforce it until this year. She said unauthorized use of the name last year interfered with fundraising efforts.

"When we were securing funding to use for events, people were saying 'we're already doing Light Up Night, we're already sponsors of Light Up Night," she said. "We have to protect the trademark."

Communities who sign licensing agreements will be able to link their event to the Downtown light-up night events on the partnership website, but they must use the PDP's "Light Up Night" logo in their literature. They also must agree to hold their own event on a different night than Pittsburgh's "Light Up Night," which will be held Nov. 19 and 20.

Etna Borough manager Mary Ellen Ramage said she understands the Downtown group's position, but called the idea "absurd."

"We're a blue collar town, the economy is terrible right now. I know it's only $100, but the idea that these costs have to be borne by the taxpayers ... this is just insane," she said.

Attorney Daniel Ernsberger of Behrend and Ernsberger P.C. said the towns could have legal recourse to use the term as long as they're using it in a literary sense and not the trademark sense.

"They would have to look at their own literature, look at the literature of the city of Pittsburgh. It's not just using the words, they would have to show their words are being used in the context of literature," he said.

But if a town does use the term Light Up Night without a license this year, its not clear what actions the Downtown Partnership is prepared to take.

"We haven't gotten to that point yet. We're working with our attorneys to determine what will happen, but we're hoping this is viewed more as being inclusive rather than exclusive," said Ms. Geitner.

Looking for more from the Post-Gazette? Join PG+, our members-only web site. You'll get exclusive sports content, opinion, financial information, discounts from retailers and restaurants, and more. Our introduction to PG+ gives you all the details.