You just knew this was coming. Last February, Sturgis Motorcycle Rally Inc. trademarked the name "Sturgis" and "Black Hills." Now SMRi is suing companies that refuse to pony up the dough to use the Sturgis name to sell products.
SMRi sued Rushmore Photo & Gifts, which produces apparel that often bares names like "Sturgis Motorcycle Rally" and "Sturgis Bike Week," for copyright infringement. Rushmore Photo & Gifts counter-sued. Rushmore Photo & Gifts says that SMRi should have never been allowed to obtain a copyright for the word "Sturgis."
The Rapid City Journal points out that the only way that a name of a geographic location can be trademarked is if the applicant can "prove it was the exclusive user of a geographic name for five years."
According to Rushmore Photo & Gifts' attorney Aaron Davis, that wasn't the case for Sturgis.
"There is no way that anyone could legitimately swear they were the exclusive user of Sturgis for five years," Davis said. "How can this not be a fraudulently obtained registration?"
Other businesses in the area say that they are afraid to sell any Sturgis products, fearing that SMRi will come after them, too.
When SMRi obtained the copyright in February, the company said:
"(The copyright) is an exciting development for the future protection, promotion and long-term health of the Sturgis Motorcycle Rally. It also helps to further solidify the future of charitable giving offered from several organizations around the Sturgis area through licensed use of the marks."
SMRi may be protecting the health of the Sturgis Motorcycle Rally with their trademark, but it looks like they're also killing a small South Dakota Town that relies on Sturgis merchandise.
(Check out the Rapid City Journal for more on the copyright battle in Sturgis.)
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