(Image: Discount Storage and Affordable Storage, both in the 9600 block of University Avenue)
David Postar hopes one day he and twin brother Michael can have a relationship. They haven’t talked in seven years.
Their ongoing storage business feud – exacerbated by lawsuits – sometimes makes things awkward for other family members, he said.
But once legal issues are settled, David hopes for reconciliation.
“That would be very, very nice. I would say that’s what I’d want. Hopefully we have a final ending that … Michael and myself are pleased with,” David said in an interview, accompanied by his attorney, Briana Cooper.
In Lubbock County, Michael operates Affordable Storage. David operates Discount Storage and doesn’t understand why Michael keeps putting one of his facilities right next to David’s.
Last month, LubbockLights.com reported on the latest lawsuits between the brothers on a trademark issue.
Previous coverage: Storage wars: Twin Lubbock brothers battle in court again
Neither Postar wanted to comment for that story.
David decided to comment after filing documents last week answering the trademark lawsuit Michael filed last month.
Lubbock Lights reached out to Michael’s attorney more than once to see if he wanted to talk and was told no.
The split
David and Michael worked together until seven years ago.
“I just didn’t like some of the choices that he was making,” David said.
“I wanted to split the company and just go on my own and be able to make the choices that I thought really showed the leadership that really takes care of those around me,” David said of his employees, family, and the community.
David can use the Affordable Storage trademark everywhere but Lubbock County, where he does business as Discount Storage.
Michael can use the trademark everywhere but Midland and Tom Green counties.
Regardless of their battle, David thinks both Postars have good businesses.
“I think we have a great product. Great storage, great service,” he said.
David, though, cannot tell that to Michael due to their feud.
Lubbock battlegrounds
“As I was building storage in Lubbock, Texas, my brother, my old partner, finds it humorous to build a storage right across the street or right next to me. He’s done it five times now,” David said.
Cooper said, “You can see that he’s doing it right now at University and 98th. David already had a Discount Storage right there.”
David’s place was there for roughly 20 years, tax records showed.
David added, “In my opinion, it doesn’t benefit the community to have storages right next door to each other. You may get a discounted price when you move in, but eventually the price has to go up to pay the bills.”
“This is just taking up space of having a product that you already have. I think the community needs to know, ‘This is enough.’ We would rather have something else that benefits our neighborhood,” he said.
David thinks the space next door is better for a nail salon, dry cleaners, restaurant, or pet groomer.
(Slideshow: An Affordable Storage location under construction next to a Discount Storage in the 9600 block of University Ave)
Latest lawsuits
The latest round of lawsuits came in January when Michael sued David, Gargoyle Management and Gavin Hyland.
“He got upset when we had a disagreement with Postar IP, and I’m trying to put it in receivership,” David said. “I feel this is a retaliation for that.”
Receivership means a judge would look over Postar IP so both brothers are treated equally, David said.
Cooper said, “It’s highly unnecessary because the arbitrator ruled in 2018 that Michael can use the smiley character.”
Cooper wrote in court records that no one interfered with Michael’s right to use the trademark since arbitration.
David’s answer
David, Gargoyle Management and Hyland filed their side of the story in court records last week.
The issue was already settled in 2018, David said. He believes everything in the current kerfuffle was settled in arbitration.
“It’s a waste of effort,” David said. “It’s a waste of money and most importantly, it’s a waste of the court’s time.”
Hyland’s story in court records is a little different. His legal brief said Michael has no right to enforce the trademark. Only the joint company Michael and David have together, Postar IP, can do that. And Hyland wasn’t sued by Postar IP. He was sued by Michael.
Hyland also claims the name by itself is not trademarked, and the Affordable Storage smiley face by itself is not trademarked. Only the combination is trademarked.
Hyland and his wife stopped using three specific marks in Slaton and Brownfield after their Postar IP agreement expired. But the name Affordable Storage is still fair game, Hyland claims. So, he still uses it.
“The Hylands did not want to be in a situation three years down the road where they were being asked to ‘stop using’ words or marks that they have always used,” court records said.
The future
David said he has self-storage locations in Lubbock, Midland, Odessa, San Angelo, Amarillo and soon, two more towns in Texas.
“That was my vision and my goal, not to just saturate the market in Lubbock,” David said. “I am expanding elsewhere, and I would love to get the name of Discount Storage and Affordable Storage all over the state of Texas.”
“It’s a matter of time. You know, it could be 10 or 20 years from now,” David said. “It really depends on how hard my team wants to work. I think it’s unlimited right now.”
He’s adding another name, Storage X.
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