Cannon Associates sues The Boyer Co.

Cannon Associates Inc. filed a lawsuit Monday against The Boyer Co. concerning the use of the word "crossing" in individual real estate developments.

The suit filed in Utah's federal court said that The Boyer Co. knowingly used the word "crossing" in its new Heber City development in a name similar to that of a Cannon Associates development.

The Cannon development, The Crossings at Lake Creek, is a high-end residential development in Heber City. According to court documents, the development began in 1994, and the company received a trademark for the community name. The Boyer Co. is planning a mixed-use development — including retail, restaurants, financial institutions and some residential space — within Heber City, calling it The Crossing at Heber City. A Heber vote will be held in November for approval before the construction of the development can begin.

For Boyer, the lawsuit came as something of a surprise.

"We registered (the name) with the state," said Wade Williams, director of retail development for The Boyer Co.

The company owns several mixed-use developments with the word "crossing" in the name throughout the state, such as Draper Crossing and Jordan Crossing. More than 200 businesses in the area have the word "crossing," Williams said.

Cannon Associates says it isn't the word that's the problem, but the use of it in a similar name, in a similar place.

"It's the use of the word 'crossings' in such close physical proximity," said Mark Morris, lead attorney for Cannon.

The lawsuit focuses not only on the similarity between the names but also the developments' logos. Both companies have "crossing" or "crossings" enlarged with a mountain, resembling Mount Timpanogos, in the background.

Cannon Associates has received several calls from people who are confused about the ownership and functions of the different developments, Morris said. Several years and millions of dollars have been spent promoting and marketing The Crossings at Lake Creek, gaining recognition for the community. Recognition Cannon Associates feel Boyer is playing off, the suit said.

"Our client has been developing this project for years, and now, suddenly, someone is using our same name and taking out full-page ads for their own project," Morris said. "It's not fair."

Williams had not reviewed the case and gave no further comment.

Cannon hopes to secure monetary reparations, as well as a name change for Boyer Co.'s development.

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E-mail: csmith@desnews.com