BALLERINA BATTLES TO TRADEMARK OWN NAME.

Argentinean-born American Ballet Theatre star Paloma Herrera has initiated a civil lawsuit for the rights to market her name. In 1996, when Herrera tried to register the name "Paloma Herrera" as a trademark, she was opposed by two heavyweights in the design industry: Paloma Picasso and Carolina Herrera. On September 23, 1996, the ballerina's father, Alberto O. Herrera, filed a civil suit in Buenos Aires against the two designers for the right to register his daughter's name. The court didn't begin processing the case until last summer.

"I wanted to register the name `Paloma Herrera' as a trademark," said the elder Herrera, who is also his daughter's lawyer. "Then she could in the future use her own name as a trademark for perfumes, cosmetics, clothes, etcetera." After the suit was filed, Paloma Picasso backed down and accepted the registration of the ballerina's name, but Carolina Herrera remained opposed to the trademark. "Then I had to continue the civil suit against Carolina Herrera S.A. to cease her opposition," Mr. Herrera said.

The suit is being handled by the U.S. Attorney for the Southern District of New York, which has jurisdiction over international cases such as this, although it is not representing either party. The case will introduce documents demonstrating previous use of the ballerina's name, including a December 1994 Dance Magazine profile of the ballerina. Mr. Herrera stressed that no money damages are sought, but solely the ability to "register her own name as a trademark." The U.S. Attorney's office would not say when the case might be presented before a judge; it would only say that the case was pending.

Peter Morrone, head of product development at Capezio, Inc., which has engaged Paloma Herrera for its print ads, said, "There is a value to celebrity endorsement." But, he added, "I'm not sure someone can trademark a name without an end use," such as tights, shoes or dresses. "Assigning a dance celebrity to a specific shoe, for example-that would be valuable." The Movado watch company, an ABT sponsor, also has used Herrera in a print ad, because, as company spokeswoman Maryclaire Sullivan put it, Herrera represents the true spirit of Movado ("which means `always in motion' in Esperanto," she explained.) Herrera is an attractive commodity because, Sullivan said, "she embodies a kind of Everywoman" rather than a standard Balanchine ballerina. "She truly pushes the art form in a way that is fresh, modem, multicultural and fun," Sullivan said.

Paloma Picasso launched her perfume of the same name in 1984. Carolina Herrera introduced her perfume "Herrera" in 1988. The offices of Carolina Herrera, Ltd. did not return phone calls from Dance Magazine requesting a comment on the lawsuit.