TOMS RIVER, N.J. -- Though widely embraced as a unifying rally cry in superstorm Sandy's wake, "Restore the Shore" has become a source of division in Toms River, where the phrase has sparked a war of words and threats of a lawsuit over who can use the slogan commercially.

The simmering dispute involves two local T-shirt printers, each with their own line of Restore the Shore gear, and a local charity, Hometown Heroes, that has partnered with one of the businesses.

Both businesses have donated a portion of every sale to help victims of the Oct. 29 superstorm, an arrangement that has generated hundreds of thousands of dollars in aid so far. Yet despite their common purpose, a bitter rivalry has developed between the two sides, fueled by derogatory emails, a scathing Facebook post, and a bogus phone call, allegedly from someone impersonating the general manager of a local restaurant, canceling a promotional event booked by one of the businesses.

Frank Vitolo, co-owner of GlobalTech East Inc., which claims to own the trademark to "Restore the Shore," has accused Scott Zabelski of Blue Wave Printing of "intentionally defrauding the public" by using the phrase on his popular hoodies and T-shirts. In a letter to Zabelski, GlobalTech's attorney threatened to seek an injunction if Blue Wave continued to infringe on the trademark.

"We're taking the next step to weed out the people who are profiting from this," explained Vitolo, 29, of Toms River.

However, an Asbury Park Press investigation has found that GlobalTech's claim to the trademark is anything but clear cut.

The company is just one of five applicants seeking to secure the exclusive rights to the "Restore the Shore" phrase from the U.S. Patent and Trademark Office. The most recent to file, on Feb. 26, was Blue Wave Printing, though Zabelski said he did so only in response to GlobalTech's legal threats. Such disputes can take a year or more for government inspectors to sort out, and in the end the agency could decide that the phrase is so widely used that it can't be trademarked, according to Rutgers-Newark law professor John R. Kettle III, an expert in trademark law.

"There's no determination at this point that anyone's in infringement," Kettle said. "(GlobalTech) can claim they own it, and the response from the other (party) can be, 'I own it, too.' "

In the meantime, Zabelski says he's being stalked and harassed by Michael J. Schwartz, the head of Hometown Heroes, and the charity's supporters, a charge Schwartz denies.

"It's gotten to the point of ridiculousness," said Zabelski, 32, of Toms River. "Why am I being bullied and picked on for helping the community?"

Hero or profiteer?

As with a sports rivalry, the opposing sides in this dispute have signature colors and logos: royal blue with weathered lettering for Blue Wave, and black or gray with an image of Seaside Park's damaged Funtown Pier outlined by a map of New Jersey for GlobalTech.

Of the two, Blue Wave has had the greater sales. Zabelski, who makes no claims to be operating a charity, has promised to donate $10 per $25 sweatshirt and $5 per $12 T-shirt to Sandy relief efforts. To date, he's sold more than 70,000 items, generating $470,000 in aid for Shore area schools, churches, fire departments and other community groups. Zabelski has maintained a running list of his donations on Blue Wave's website.

His donations have paid for portable toilets, temporary trailers, holiday parties for storm victims and respirators for first responders, among other things. More than $118,000 has gone to a relief fund for families in the Toms River Regional School District.

"What I like about Scott (is) he's always done what he's said he's going to do," said Tammi Millar, who heads the school fund.

But Hometown Heroes and its supporters have used email and social media to cast Zabelski's philanthropic activities in a much different light.

"Scott the great is using a slogan that has already been trademarked elsewhere, does what ever he wants with the cash he makes (and he is personally making a bunch) and is trying to get into bed with TR Regional Schools so he can do their shirts for their athletics," Karen Campbell, a member of Hometown Heroes' board of trustees, stated in a post on Blue Wave's Facebook page.

On several occasions, Zabelski said, the people or groups he's worked with have been contacted by Hometown Heroes, GlobalTech or others.

Schwartz said he hasn't initiated any of these exchanges, and has only tried to set the record straight after others have contacted him.

Schwartz, who started Hometown Heroes in 2008 and plans to take the charity nationwide later this year, said his objections to Zabelski's use of the "Restore the Shore" phrase are based not only on GlobalTech's trademark claims, but on Hometown Heroes' widely publicized partnership with Townsquare Media, which operates New Jersey 101.5 FM and Shore area radio stations WOBM-FM and The Hawk (WCHR). The media company owns the domain and launched a community service campaign using that name immediately after the storm.

"My only concern is that there's too much confusion regarding the term 'Restore the Shore,' " said Schwartz, 37, a music promoter, political consultant and former Seaside Heights police officer who operates a Toms River title agency. "It's like everyone and their mother is popping up with Restore the Shore and no one knows where the money is going."

Hometown Heroes says it has distributed nearly $350,000 in direct aid to storm victims so far, mostly in the form of supermarket and home improvement store gift cards. Approximately $75,000 in aid was generated by GlobalTech's Restore the Shore sales, according to the charity's accountant, Jerry W. Conaty.

Campbell's "Scott the great" post was part of a discussion thread triggered by the abrupt cancellation of a Blue Wave event scheduled to take place at the Boston's restaurant in Toms River.

However, Kip Meyer, the restaurant's general manager, said he didn't cancel the event.

"I sent them a message that day saying, 'Where are you guys? You're supposed to be here,' and they said, 'The GM called and canceled it,' and I said, 'That's interesting, because that's me,' " Meyer said.

Meyer believes Zabelski is being treated unfairly.

"At the end of the day, he is a business that is being charitable, and he's doing a lot of good. They're trying to make this guy's life a living hell and besmirching his name," he said.

"It just doesn't seem right, it's almost like they feel he's stealing their thunder," Meyer said. "I think it's silly and stupid, because the people around here need all the help they can get."

While Schwartz accused Zabelski of "piggybacking" on the publicity for Townsquare's Restore the Shore campaign and confusing the public, the media company itself doesn't appear to share those concerns.

Don Dalesio, Townsquare Media's sales director for Ocean and Monmouth counties, said the company has no problem with other groups or businesses using the slogan. In fact, he maintains that no one should own the phrase.

"Restore the Shore in our opinion is a movement that's far greater than a trademark and some of the companies you're speaking to," Dalesio said.