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• Rushmore Photo contends the terms are geographically descriptive and shouldn't be trademarked, and non-licensed vendors have been selling goods bearing "Sturgis" for decades.
• U.S. District Judge Jeffrey Viken granted Sturgis Motorcycle Rally's motion to add Wal-Mart Stores Inc. as a defendant this week.
• Jason Sneed, a Davidson, N.C.-based attorney for the nonprofit, said the Wal-Mart store in Spearfish has been selling T-shirts bearing the "Sturgis Motor Classic" logo with tags that

say "Officially Licensed Sturgis" and "Authentic Sturgis."
• "Claims are appropriate when brought against anyone in the stream of commerce selling the infringing goods," he said.
• Wal-Mart spokesman Greg Rossiter says the Bentonville, Ark.-based company respects intellectual property rights, but it does not believe the rally has valid or enforceable trademark rights to the name "Sturgis."
• "'Sturgis' is a city in South Dakota," Rossiter said. "No one has exclusive rights to use 'Sturgis' as a trademark or prevent others from using the name 'Sturgis.'"
• No other retailers have been named in the suit. Sneed said he couldn't comment on whether there were plans to add others.
• Brian Niemann, owner of Rushmore Photo, said he thinks the move was an attempt to get his company to make a deal.
• "It didn't work, because Wal-Mart has been a long-term retailer of ours," Niemann said. "It wasn't something that was going to scare us by trying to add them to the lawsuit."

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