text: "It's kind of sad. I don't think this is what Harper Lee wants." -- Monroe County Heritage Museum attorney Matt Goforth. 
   
   
   
   
   
   MOBILE, Alabama – A rift between Monroe County’s most famous resident and its heritage museum has grown deeper with a trademark infringement lawsuit filed by author Harper Lee. 
   
   The suit, filed last week in Mobile’s federal court, seeks an order prohibiting Monroe County Heritage Museum Inc. from using the name of Lee’s Pulitzer Prize-winning book, “To Kill a Mockingbird,” to promote its activities or sell merchandise. 
   
   Mobile lawyer Clay Rankin, who represents the 87-year-old author, declined to comment. 
   
   The suit suggests that the museum has attempted to take advantage of Lee’s declining health, becoming more “brazen” in its trademark violations. The civil complaint alleges that in the past, the museum would “grudgingly” honor Lee’s request to stop using her famous book. The suit cites an example of a cookbook that traded on a fictional character created by Lee. 
   
   “Now, though, things are different,” the complaint states. “Ms. Lee suffered a stroke and is in ill health. The Defendant apparently believes that she lacks the desire to police her trademarks, and therefore seeks to take advantage of Ms. Lee’s condition and property.” 
   
   Matt Goforth, an attorney for the museum, said he is not aware of a single incident in which Lee previously has asked the museum not to use the book’s name or characters. He said he believes the recent acrimony is the product of “handlers” who have gained influence over Lee’s affairs. 
   
   “It’s kind of sad. I don’t think this is what Harper Lee wants,” he said. “The museum doesn’t like to be in this spot. We didn’t start this fight.” 
   
   Lee’s novel was an instant success when it debuted in 1960. The book, which chronicles a lawyer’s defense of a black man accused of raping a white woman in the fictional town of Maycomb, has sold more than 30 million copies in English and has been translated into more than 25 other languages. 
   
   The suit claims that the museum is a “substantial business” that generated more than $500,000 in revenue in 2011. Goforth describes it as a nonprofit that would be put out of business if Lee’s suit succeeds. 
   
   Conflict between the museum and author erupted earlier this year when the museum moved to block Lee from registering her trademark. Lawyers in that case will begin taking sworn testimony and exchanging documents on Oct. 28. That dispute will be decided by the Trademark Trial and Appeal Board. 
   
   In May, she sued the son-in-law of her former literary agent in an attempt to re-secure her copyright on the book. She settled that in September. 
   
   
   
   Last week’s federal lawsuit is the latest salvo in the conflict with the museum. 
   
   
   
   “The town’s desire to capitalize upon the fame of ‘To Kill A Mockingbird’ is unmistakable: Monroeville’s town logo features an image of a mockingbird and the cupola of the Old County Courthouse, which was the setting for the dramatic trial in ‘To Kill A Mockingbird,’” the complaint states. 
   
   The suit alleges that the museum falsely proclaims its mission to be history. 
   
   “Rather, its primary mission is to trade upon the fictional story, settings and characters that Harper Lee created in ‘To Kill A Mockingbird,’ and Harper Lee’s own renown as one of the nation’s most celebrated authors,” the complaint states. 
   
   Goforth flatly denied Lee’s allegations. 
   
   “The museum has been doing what it does, which is putting on the play, for 25 years,” said Goforth, adding that it has sold related merchandise for about 20 years. “Every single statement in this complaint is completely false or meritless, and maybe both.” 
   
   The suit cities various examples indicating how closely the museum is tied to the book, right down to the website, tokillamockingbird.com. 
   
   In a statement, Goforth responded that the museum has been honoring Lee’s legacy for more than two decades. 
   
   “Unfortunately for Harper Lee, those handlers are doing nothing but squandering her money with this lawsuit. The Museum is squarely within its rights to carry out its mission as it always has,” he wrote. “Monroe County's history cannot be understood without an understanding of the history and impact of’ To Kill a Mockingbird.’ It is a part of what Monroe County is both as a county and a community.” 
   
   The lawsuit alleges the museum’s lawyer demanded a “royalty-free” license in June as a condition for not opposing Lee’s trademark application and then pressured the Reuters news agency into changing its report that the museum was refusing to share its profits with Lee. ||||| More than 50 years have passed since Harper Lee published To Kill a Mockingbird, her gripping novel about racial injustice in deeply segregated Alabama. Now the town where Lee was born and raised, and which served as the inspiration for her best-selling book, has once again become the scene of an unsettling legal dispute that has divided the community. 
   
   This time Lee, who at 87 is profoundly deaf and almost totally blind, is not the author of the story but – on the surface at least – its protagonist. 
   
   In a move which has shocked Monroeville, Lee, who resides in an assisted-living facility in the town, is bringing a lawsuit against the local museum, accusing the small, not-for-profit institution of exploiting her fame and the prestige of her Pulitzer-winning book without offering compensation. The museum is fighting back, condemning Lee’s lawsuit as “false” and “meritless” and warning that the legal action could destroy an institution that honours the author's legacy and provides an economic boost to the town. 
   
   It is the kind of ugly public dispute that Lee, an intensely private figure who has spent her life avoiding the spotlight, might have been expected to avoid. Unsurprisingly, Monroeville has been awash with with rumour about whether Miss Nelle, as the author is known locally, was personally responsible for the decision to sue the museum. 
   
   The answer to that question is complicated, but it appears to involve Lee’s 102-year-old sister, Alice, and a close associate, an attorney who happens to be married to a relative of Truman Capote. 
   
   Capote is the other literary great who spent much of his childhood in Monroeville, living in a house next-door to Lee. The pair became close friends and Lee famously assisted Capote when he researched the Kansas murder that formed the basis of another classic, In Cold Blood. 
   
   Both Lee and Capote are honoured in the Monroe County Heritage Museum, which attracts 30,000 visitors a year. Most come in April and May, when the restored 1903 courthouse, which served as a model for the To Kill a Mockingbird movie, starring Gregory Peck, becomes the backdrop for a theatrical production of Lee’s novel. 
   
   Facebook Twitter Pinterest Harper Lee with Gregory Peck, the star of the 1962 adaptation of To Kill a Mockingbird. Photograph: Bettmann/Corbis 
   
   Lee’s only published novel is one of the great works of 20th century literature. It has sold 30 million copies and, according to her lawsuit, is on the required reading list for more than three-quarters of American high schools. The book is set in the 1930s in the fictional town of Maycomb, a place almost indistinguishable even today from Monroeville, a place of 6,500 people which adheres to Lee’s description of “an island in a patchwork sea of cotton fields and timber land”. 
   
   The extent to which Lee’s novel is an accurate reflection of her upbringing in the town is the source of much debate – and is likely to feature in the legal case. Lee's legal complaint recognises that the book was “inspired by Ms Lee’s home” in Monroe County, but adds: “Nonetheless, the setting, plot and characters are products of Ms Lee’s imagination.” 
   
   On 19 August, her lawyers filed a trademark application. The museum filed an opposition, prompting the lawsuit served on 15 October, which takes issue with the museum’s website and gift shop, which it accuses of “palming off its goods”, including t-shirts, coffee mugs other various trinkets with Mockingbird brands. The museum says the gift shop generates a paltry $28,000 a year, and helps employ a few “pitifully paid” people from the town. 
   
   The lawsuit even takes a swipe at Monroeville, saying the “desire to capitalize” on the fame of Lee’s book is evident in the town’s choice of logo: a mockingbird and the cupola of the Old County Courthouse. 
   
   Yet Lee, who stopped granting full interviews in 1964, has herself made clear that To Kill a Mockingbird was partly rooted in the Monroeville she knew. Her father, Amasa Coleman Lee, was, like the novel’s Atticus Finch, a local attorney and state senator. There are obvious streaks of Lee in the young female narrator of the story, Scout, and her close friend Dill appears at least loosely based on Capote. 
   
   “It is and it isn’t autobiographical,” Lee told the New York Herald Tribune in 1962. “The trial, and the rape charge that bring on the trial, are made out of a composite of such cases and charges. What I did present as exactly as I could were the clime and tone, as I remembered them, of the town in which I lived. From childhood on, I did sit in the courtroom watching my father argue cases and talk to juries.” 
   
   Harper Lee in the Monroeville courthouse. Photograph: Donald Uhrbrock/Time & Life Pictures/Getty Images 
   
   For much of the last quarter of a century, Lee appears to have had an ambivalent view of the museum. Instinctively uncomfortable with anything that brings unwanted attention, she is once said to have complained about the “cottage industry” that has grown around the novel. But until now, the only time she is known to have expressed that view to the museum was in 2002, when it published a cookbook based on the character Calpurnia – an incident mentioned in the lawsuit. 
   
   According the museum, when Lee said that she wasn’t happy, they quickly removed Calpurnia’s Cookbook from the shelves – copies are still stored in the attic. 
   
   On the other hand, there is evidence the museum has had the tacit blessing of Lee’s family and friends. A plaque on the wall bears the name of the author’s nephew, Dr Edwin Lee, a local dentist. Some of those closest to Lee, including a lifelong friend, the Reverend Dr Thomas Lane Butts, have served on the museum’s board. And three years ago – on the 50th anniversary of the novel’s publication – Lee herself visited the museum, with the Hollywood actress Patricia Neal. When the museum sent Lee flowers, she replied with a note which read: “My dearest friends, the roses are spectacular and I love them, sincerely yours, Nelle Harper Lee.” 
   
   Since then, Lee’s health has deteriorated. Her infirmity partly explains a second, unrelated lawsuit that the author brought earlier this year against her literary agent. In that case, Lee’s lawyers claimed Samuel Pinkus, the son-in-law of the writer’s long-time agent, Eugene Winick, had duped Lee into signing over the copyright on the book. The case was settled two months ago. 
   
   Until 2011, Lee’s financial interests had long been protected by her sister, Alice, who was herself profoundly deaf, and relied upon lip-reading. Now 102, Alice Lee is, like her sister, known as a formidable character in town, having practiced law with the venerable Barnett, Bugg, Lee and Carter law firm. 
   
   The Carter in that firm is Tonya Carter, the lawyer most people in Monroeville seem to think has been given power of attorney by Harper Lee. There is no known documentary evidence to support that suggestion, and Carter has not responded to requests for comment. But two sources close to Lee confirmed that Carter had indeed been given power of attorney by the author. 
   
   Carter is also a well-known figure in Monroeville. She is married to Patrick Carter, a pilot who happens to be a cousin to Capote, and the couple run a restaurant, Prop and Gavel, a stone’s throw from the museum. With resentment over the lawsuit running high, some locals say they are boycotting Carter’s restaurant in protest. That may be unfair. Even if Carter does have power of attorney over Lee’s business affairs, she may still be acting on explicit instructions from Lee – or at the very least consulting with the author. 
   
   Gregory Peck, as Atticus Finch, argues his case. Photograph: Sportsphoto Ltd/Allstar 
   
   Legal papers submitted in the lawsuit filed against Lee's literary agent, in May, said that while the author's physical health had seriously deteriorated since a stroke in 2007, it had not affected her “mental capabilities”. 
   
   But in a small town like Monroeville, it does not take long for ill-feeling to spread. The lawsuit, much like the fictional rape trial Lee portrayed in To Kill a Mockingbird , is forcing locals to take sides. 
   
   Stephanie Rogers, 29, the museum's executive director, talks of two “camps” emerging in Monroeville, but insists most people are behind the museum. “I haven’t heard anything else the other way,” she said. But dissenting voices can be heard, even if they are whispered. In the Courthouse Cafe, across the road, a hushed debate was recently overheard. 
   
   “The thing about small towns like this: everybody will put a foot in if they think they can make a dollar,” a woman said. “I think it is bad that they’re acting like Harper Lee don’t exist.” 
   
   Additional reporting by Verna Gates in Monroeville
target: – Harper Lee is apparently as litigious as she is reclusive. The To Kill a Mockingbird author has, in the Guardian's words, "shocked" her hometown of Monroeville, Ala., by suing its local museum. The 87-year-old's accusation: that the nonprofit is making use of her fame without compensation. The trademark infringement lawsuit, filed Oct. 15, calls out the Monroe County Heritage Museum's website and gift shop sales of Mockingbird-branded goods. The museum says that shop rakes in a measly $28,000 annually, which funds a few "pitifully paid" employees, and that it has sold such goods for two decades, reports AL.com. But the suit accuses the museum of taking advantage of the book, and cites its web URL as example: tokillamockingbird.com. Just 30,000 visitors head to the museum annually, and it warns that the suit could prove its undoing. Making the story even more contentious: Locals aren't sure if Lee is actually the driver of the suit, and the museum suspects her "handlers" are taking advantage of her declining health. More confusing still, the suit suggests the museum is exploiting her health by committing bolder trademark violations, notes AL.com. Lee is deaf and nearly blind, and currently living in an assisted-living facility in Monroeville. The Guardian doesn't exactly make clear who is believed to be the driver, but floats one name: Tonya Carter, a lawyer married to Truman Capote's cousin (a longtime friend of Lee's). Many believe Lee handed Carter power of attorney, though the Guardian could find no paper trail proving that.