Thursday,  April 26, 2012 • Vol. 12--No. 287 • 27 of 40 •  Other Editions

(Continued from page 26)

• "They're a brand new company that's trying to tell everybody else what they can and can't do," he said.
• Sneed said Rushmore Photo had been a licensee when the chamber owned the trademarks. He said Sturgis Motorcycle Rally is not claiming all rights to terms "Sturgis" and "Black Hills."
• "It's claiming the use of those terms to connote goods and services related to the Sturgis Motorcycle Rally," he said.
• Niemann said his company honors the more-specific "Sturgis

Bike Week" brand owned by Sturgis Motorcycle Rally Inc. and it does not use that mark in its goods.
• Rushmore Photo has been producing merchandise with the "Sturgis Motor Classic" brand for the past 20 years. Before that, everyone was using different names, such as Sturgis Rally, Sturgis Rally and Races, Sturgis Motorcycle Rally and Races, and Black Hills Motorcycle Rally," Niemann said.
• "Even when it was promoted, it was always promoted as something different every year," Niemann said. "The only constant to the whole thing is the name either 'Sturgis' or 'Black Hills.'"
• Discovery in the suit is ongoing, with motions due by Oct. 31. The trademark appeal will eventually go before a three-judge panel, but the hearing could be a year away.


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