Opponents to Sturgis Motorcycle Rally Inc. (SMRI) holding several Sturgis and Black Hills trademarks regarding the Sturgis Rally just got very good news for their cause. Late on Wednesday evening March 6, 2013, John Simko, United States Judge Magistrate, released a “Report & Recommendation” stating the facts in the case on which a Federal Judge will be ruling on in about 30 days
I am not an attorney, but reading attentively for you the long Magistrate “Report & Recommendation”, it is clear that the Magistrate is throwing out almost all what SMRI had claimed in the past regarding how the trademarks were justified, claimed and obtained. The possibility of fraud(s) committed by SMRI and its members through lies and conceal of information to obtain several Sturgis trademarks from the Patent & Trademark Office (PTO) is even mentioned by the Magistrate and could be decided by a jury.
SMRI has 14 business days (deadline is March 25th) to appeal Magistrate Judge John Simko “Report & Recommendation” for judgment. If the judge in the next 30 days rules against SMRI, no one is going to need to pay a fee to make and sell a Sturgis Rally prodct with “Sturgis” & “Black Hills” on it. The city of Sturgis will no more have to pay for the use of their city name (about $25,000 this year.) If SMRI trademarks would be cancelled, SMRI would be vulnerable to a wave of lawsuits by all those companies who consider themselves damaged by SMRI actions and practices.
I know by your comments on former reports I published on the “SMRI and Opponents Trademarks Battle” that most of you support the fight to keep the words “Sturgis” and “Black Hills” free for all to use. So, if you have time, I recommend that you read the Magistrate “Report & Recommendation” that I obtained. You will learn a lot about the Black Hills/Sturgis history and it’s also a good example of the American justice system at work. To follow…Recommendation & Recommendation Bis