Organizers sue to clear way for Boardy Barn reunion party
The Boardy Barn, at 270 W. Montauk Hwy. in Hampton Bays, is seen in October 2021. Credit: James Carbone
The organizers of an upcoming Boardy Barn reunion and fundraiser in Yaphank have filed a federal lawsuit against the children of the owners of the now-shuttered Hampton Bays venue, alleging they are illegally trying to shut down the event.
The suit was filed Sept. 2 in U.S. Eastern District Court on behalf of Sean Henderson, a former patron of the famed East End beer tavern, who runs Holiday Productions LLC in Hauppauge.
Henderson is hosting "Barn Bash," which is described on social media and court papers as a reunion for the bar's former staff and customers. The event is scheduled for Sept. 25 at Southaven County Park in Yaphank.
But the children of the former owners of the bar contend that Henderson is improperly attempting to capitalize on the Boardy Barn name.
Anthony Galgano Jr., who co-owned the popular bar with partner Mickey Shields, holds the copyright for the Boardy Barn name, court papers stipulate.
Galgano, 78, died in November, and Boardy Barn, which for decades hosted thousands of revelers in its red and white tent on Sundays from mid-May through early September, closed its doors in 2021. The property was sold to an undisclosed buyer in May.
Henderson referred a call seeking comment about the event to Panagiota Betty Tufariello, a Mount Sinai trademark attorney representing Holiday Productions.
In an interview, Tufariello said that with Galgano's death and Boardy Barn's closure, the trademark has been "abandoned" by the former owners and is now in the public domain.
"We believe that it's fair use," Tufariello said. "And the reason is because we're using it purely for informational purposes."
The website promoting the event includes a disclaimer stipulating that the event is "not affiliated with the Boardy Barn Organization. Not a Shields or Galgano sponsored event."
The lawsuit asks the court to cancel the Boardy Barn trademark and for a declaratory judgment that its promotion of the event "is not fraudulent or unlawful and does not constitute trademark infringement."
While the words "Boardy Barn" do not appear in promotional material for the event, the organizers take little effort to distinguish themselves from the landmark venue.
Videos for the upcoming event posted on Facebook and Instagram feature clips of past Boardy Barn parties and include an announcement that "the Barn is Back." The promotional material also includes nearly identical replicas of Boardy Barn's smiley face logo, but with the "Barn Bash" name replacing that of the Montauk Highway venue.
The lawsuit alleges that Wendy Galgano, Anthony Galgano's widow, gave Holiday Productions permission to use the Boardy Barn trademark. It is unclear, however, if she has the authority to transfer use of the trademark.
Wendy and son Michael Galgano of Westhampton Beach each did not respond to requests for comment.
The lawsuit indicates that Michael Shields, the son of former owner Mickey Shields, has written several times to Henderson, notifying him that the former owners of Boardy Barn had not approved the event or any use of the venue's name or logo.
Michael Shields of Lynbrook declined to comment on the suit, citing the advice of his attorney.
The Suffolk County Legislature passed a resolution in July authorizing Henderson's "Boardy Barn reunion fundraiser event."
The county, the resolution stipulates, will receive $4 from each attendee's $40 admission price, along with a $25 application fee and a $40 alcohol permit fee.
Holiday Productions estimates Suffolk will receive approximately $20,000 from the event, according to the lawsuit.
An undisclosed percentage of funds from the event, organizers said, will also go to Christmas Magic, a Hauppauge-based holiday nonprofit that provides gifts to underprivileged children, and for college scholarships for students from Riverhead, William Floyd, Center Moriches, Longwood, Southold, Bellport, Patchogue-Medford and Greenport high schools.
The Barn Bash website advertises the event for individuals 21 and older and says it will include "hundreds of kegs, food trucks, vendors, raffles, local sponsors, entertainment, and a massive tent."
"This is about honoring Boardy Barn, and the former owner," Tufariello said. "This event was put together to honor his memory and his legacy."
With John Asbury
Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.
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