Letters: July 19, 2011

Claim to trademark could kill Sturgis Rally

I’m appalled about the lawsuit Sturgis Motorcycle Rally, Inc. filed against Rushmore Photo and Gifts — all over the words — Sturgis and Black Hills.

They are just words and should be available for everyone to use, but apparently the folks at SMRi believe they own the trademark and they want royalties. Steep ones. Seems a little greedy to me. Pompous even.

Sturgis. It’s a city in South Dakota, right? Can you really trademark a city? Really? Legally? Morally?

SMRi went after the Little Sturgis Rally and Races in Sturgis, Kentucky over “Sturgis”-- trademark infringements. I hadn’t heard of this rally until the lawsuit.

An 18 year old rally grew to almost 20,000 attendees and it raised $2 million dollars for charity and education entities. The lawsuit crushed that rally and donations.

Who’s next? Mom and pop businesses trying to live out the American dream of running their own business? Absolutely. Anyone who tries to use the word “Sturgis” or “Black Hills” on their products? You betcha.

Folks of SMRi, you should be ashamed of yourselves. You once opposed this trademark? You’re excluded from paying licensing fees? You’re gonna kill The Sturgis Rally and job growth.

WADE REYNOLDS

Hermosa

Noem urged to break her no-tax pledge

Kristi Noem represents all South Dakotans, not just the tea party. I am one of her constituents.

How can she represent South Dakota, which is in the bottom half of per capita income in the United States, by cutting services to its residents while protecting the wealthy from taxes.

The wealthy create jobs? Yes, when they are ready, not just when taxes are low. Lower taxes boost the economy? What happened after the Bush tax cuts?

Cut spending, yes. But raise taxes. Compromise with the Democrats. The president has come a long way in your direction. If you signed a no-tax pledge, does that take priority over your pledge to serve the country and your constituents?

You have my permission to break the no tax pledge.

Sturgis Motorcycle Rally Trademarked…Should You Care? | USRiderNews

The arrival of August signals the beginning of the end of the summer for many motorcyclists.

And, the biggest motorcycle event in the summer is Sturgis Bike Week.

Making the pilgrimage to the Black Hills is a rite of passage that some of us only dream about, while some of us do every year.

Uh, oh. I just realized that by not asking permission, and by not using the circle R ® trademark symbol after the word “Sturgis Bike Week” I might be in trouble with the entity that claims the term as a trademark.

While it may seem I’m being a little absurd, and even though I’m using the term in an editorial, Sturgis Motorcycle Rally Inc, (SMRI) might decide that I don’t have that right, and could very well send me a cease and desist letter. Even going so far as to ask for punitive damages.

But, I’m hopeful SMRI won’t sue since they’ve got their hands full, frying bigger fish to fry.

SMRI is flexing it’s legal muscle, fresh off the grill with an out-of-court victory over Little Sturgis Kentucky rally, and two forced surrender wins over Sturgis South (Mississippi) and Sturgis on the River Rally. One rally quit, and the other changed it’s name. Now, SMRI wants its neighbors in the Black Hills to pay up.

Let me see if I can reduce this down to a simple analogy. One day someone (or a group of people) plant an apple orchid on land nobody owns and nobody claims. The orchid is cared for and tended until it’s time to gather in the fruit. Then the community allows outsiders to come in with the necessary equipment and help with the harvest.

This works fine for over 60 years. That’s when someone in the community realizes nobody actually “owns” the orchid. So they file paperwork and now at harvest time, (without doing anything to improve the orchid or enhance the flavor of the fruit) the new owners force everyone, (no matter how long you’ve been picking free apples) to pay for the privilege of harvesting the apples. No fee, no fruit.

While that strategy worked on outsiders, the locals are gathering their pitchforks and torches and marching on the castle.

After receiving notice it was being sued, Rushmore Photo and Gifts held a press conference in mid-July and said it intends to “vigorously defend” itself against allegations of trademark infringement by SMRI (Sturgis Motorcycle Rally Inc.)

And it has recruited others to help. Specifically those small businesses in the Black Hills who stand to lose the most revenue if the trademarks are allowed to stand. Calling themselves the “Concerned Citizens for Sturgis,” The fledgling group is raising money to challenge nine trademark registrations owned by SMRI.

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