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SMRi-Appeals Court Ruling Reaction
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SMRi-Appeals Court Ruling Reaction

Eighth circuit court of appeals decision issued on SMRi trademark case


Gary Matthews & News Staff - November 3, 2018

STURGIS, S.D. – An 8th Circuit Court of Appeals ruling Friday regarding the Sturgis Motorcycle Rally trademark issue came with positive and challenging outcomes for both sides.

The defendant in the case, Rushmore Photo and Gifts and the Niemann Family of Rapid City, and Wal-Mart Stores, say they were pleased that the court reversed an earlier jury decision and found that a federally registered trademark owned by SMRI, Inc. is invalid.

In a news release, the defendants called it a “major victory” for them.

SMRi, or Sturgis Motorcycle Rally, Inc., however, says the court also remanded several issues to the district court for further proceedings.

A release on behalf of SMRi acknowledged the appeals court reversal, but was pleased the court upheld the jury’s findings that two other trademarks were infringed upon by the defendants and that they continued to commit false advertising and unfair competition.

The release says SMRi will now consider its next move in the long-running fight to protect the Sturgis Motorcycle Rally and the Rally trademarks.



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