FEDERAL JUDGE CANCELS TRADEMARKS………..
Love Daytona Bike Week Trademarks Cancelled by Federal Judge: Stating that the trademarks should never have been granted in the first place after being open for decades, a Federal Judge simply threw them out as being too generic to copyright by an outside entity, and saying that at best, only that community could possibly copyright them. She further decided that they had been obtained from the Federal Trademark and Patent office fraudulently and noted that the so-called owners of the trademarks could not enforce them in any way, nor stop anyone from making merchandise for sale at Daytona Bike week. We feel as do many within our industry that this decision will have enormous bearing on the fight to strip similar trademarks from others that are currently holding them for the Sturgis Black Hills rally. As many of you know, this group created havoc at this past summer’s Sturgis rally. Many vendors were refused access to the trademarks, and others were charged exorbitant sums to us them. As a result, we all paid more for “Official” rally T-Shirts, clothing and other souvenirs, and we also had far less of a selection as so many vendors just boycotted “Official” rally goods. We did! Most of what we saw sucked anyway so it was easy. Many people we spoke with there also felt the same way and brought little or no official products. Hopefully a positive decision on this by the courts will take place before this year’s Sturgis Rally in August. We will keep you posted. Quick Throttle Magazine Join the fight to keep the words “Sturgis” and “Black Hills” free for all to use. Go to both www.concernedcitizensforsturgis.org and Facebook “Concerned Citizens for Sturgis” page. Kent Mortimer Renegade Classics Love
KENT MORTIMERS RESPONSE TO SMRI LITIGATION
Love Originally posted by Buck Lovell on Wednesday, 08 February 2012 in Buck Lovell’s – American Biker Blog KENT MORTIMERS WRITTEN RESPONSE TO RECENT SMRi LITIGATION Jerry Berkowitz – Volunteer or Profiteer? Sturgis Motorcycle Rally Inc. (SMRI) has a board of eight members who are all touted as “unpaid” volunteers. Two of these board members, Jerry Berkowitz of Hot Leathers and Jim Burgess of Black Hills Harley-Davidson, fought and opposed the trademarking of the name Sturgis for many years. Why, after years of litigation, did they suddenly switch sides and now sit on the board of an organization that is doing what they previously opposed? I just got my Hot Leathers 2012 wholesale catalog in the mail. 44 pages of this catalog are exclusively selling Sturgis rally related items (pages 254-297). This section starts with the Sturgis T-shirt labeled “# 1 Design” and goes on to list long sleeve T’s, ladies tops, sweatshirts, patches, magnets, shot glasses, hats, can koozies, ash trays, sunglasses, flags, etc… I’m sure you get the idea. Jerry berkowitz is making great deal of profit with Official Sturgis rally products! When they tell you it’s not about the money – it’s about the money! How did Jerry from Manchester, Connecticut, get such a sweetheart licensing deal? Dozens, if not hundreds, of other vendors who have sold at the Sturgis rally for years, can’t get a license from SMRI! The legal problems SMRI is now having is due to the secret deal that was made with Jerry and Hot Leathers and Jim and Harley-Davidson. To have these two individuals on SMRI’s board is a complete conflict of interest! They are there to feather their nests. SMRI is like a beautiful house. Everything looks great from the outside. But, when you get down in the basement and look at the foundation, it’s full of wood rot and termites! Certainly not the pretty picture SMRI paints of unpaid volunteers helping the Sturgis community. Every existing vendor should have been grandfathered in and licensed to make and sell Sturgis products. There would have been no need for expensive legal action that takes money away from the Sturgis community. Thanks again to all of the bikers, vendors, Sturgis campground and bar owners, South Dakota citizens and businessmen who have joined together to fight SMRI. Please feel free to forward this email to anyone you feel would find this information beneficial. www.concernedcitizensforsturgis.org. Sincerely, Kent Mortimer, Owner Renegade Classics PHOTO BY BRETT LOVELL ……… Love
STURGIS MOTORCYCLE RALLY INC GOES TO COURT…..
Love Originally posted by Buck Lovell on Tuesday, 31 January 2012 in Buck Lovell’s – American Biker Blog WHO OWNS FIRST…….WHAT’S ON SECOND STURGIS MOTORCYCLE RALLY INC OPPOSES ATTEMPT BY CONCERNED CITIZEN TO SEIZE MOTOR RALLY GOODWILL…. Sturgis Motorcycle Rally, Inc. (SMRi), a non-profit with the mission of enhancing and growing the Sturgis Motorcycle Rally and providing a charitable return to the greater Sturgis area, today announced it has filed an opposition proceeding with the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office against Fresno, California-based Renegade Classics Corp. Renegade Classics Corp. seeks to establish the exclusive right in the United States to use the terms “Sturgis Rally Week” and “Sturgis Rally Week” with a motorcycle design. SMRi, owner of senior rights to the Sturgis®, Sturgis Bike Week®, Sturgis Rally & Races(TM) and Sturgis Motorcycle Rally(TM) brands, among others, has opposed the California company’s attempt to trade off of SMRi’s goodwill by registering its own confusingly similar trademarks. SMRi already is engaged in an expensive legal battle with Renegade Classics Corp’s ally, Rushmore Photo & Gifts, pertaining to Rushmore Photo’s use of terms “Officially Licensed Sturgis” and “Authentic Sturgis,” among other confusing terms. Kent Mortimer, the owner of Renegade Classics Corp., testified on behalf of Rushmore Photo last summer in a federal court hearing in Rapid City, and Mortimer and the Rushmore Photo owners last year formed a group called “Concerned Citizens for Sturgis” for the purpose of attacking the Sturgis-based non-profit’s intellectual property rights. Mortimer is no stranger to intellectual property litigation. Last year Mortimer and his company, Renegade, settled litigation asserted against them by Twentieth Century Fox Film Corporation in federal court in California relating to Fox’s allegation that Mortimer and his company infringed Fox’s rights in the Sons of Anarchy trademark and related copyrights. To resolve the case (CACD Case No. cv-10-8565), Mortimer and Renegade agreed that they would be permanently enjoined from any future use of the SONS OF ANARCHY trademark, or the manufacture and distribution of any copyrighted material from the “Sons of Anarchy” television series. They also agreed to pay to Fox $50,000 for each future violation of the consent order. Now, Mortimer and his company are seeking to register trademarks that would trade on SMRi’s goodwill. “Even while claiming SMRi has no such trademark rights, and while calling themselves the ‘Concerned Citizens for Sturgis,’ a Concerned Citizen is trying to trademark Sturgis Rally Week for himself for purely commercial interests,” said SMRi Board President Dean Kinney. “We thought it important that someone protected the Sturgis® brand, and do it on behalf of the Sturgis community. Some people call Concerned Citizens’ and Renegade’s actions ‘astroturfing,’ in which for-profit companies form a fake grassroots organization to generate support for their corporate, for-profit agenda. Mortimer’s effort to monopolize the term “Sturgis Rally Week” while serving as President of the “Concerned Citizens for Sturgis” is evidence of this.” SMRi was created as a non-profit to support the local community through management of the Sturgis Motorcycle Rally and the intellectual property associated with it to facilitate the vitality and relevance of the most prestigious motorcycle rally in the world. Kinney notes that SMRi’s ownership of Sturgis-related marks can be traced back to the 1938 origin of motorcycle rallies in the Sturgis area. Since then, the Sturgis Motorcycle Rally has become the basis for tourism in Sturgis and the surrounding area. SMRi is charged with growing and strengthening the Sturgis® brand to build stronger motorcycle tourism, notoriety for the rally, and a stronger local economy. Nearly 100% of the funds given to Sturgis Rally Charities over the years have been generated directly as a result of trademarks. The City of Sturgis, a licensee of SMRi, generates funds through the sale of sponsorships. SMRi, from licensing funds, makes an annual donation to Sturgis Rally Charities Foundation, which is tasked with improving the quality of life for residents in and around Sturgis. “SMRi’s legal battle is against a few select individuals who, purely for business and profit motives, don’t want to become Sturgis® licensees or procure officially licensed product from existing licensees,” said Kinney. “SMRi expects to ultimately return millions of dollars back to the Sturgis community through the rally, ownership and control of the related marks and intellectual property, and charitable giving. We will continue to aggressively protect the Sturgis® brand to enable that to happen.” (SMRI PHOTO) BUCK’S TWO CENTS How can a California based company ethically lay any claim to any Sturgis name? Wouldn’t that be the same as a Sturgis based company calling itself the “Los Angeles Tee Shirt Company?” That would be a misleading name yes? Legal issues aside, what and where are the ethics of this “California Based” Renegade Company. I’m a Sturgis resident, and have never heard of them before now. I’m a concerned citizen, but no one from Renegade has contacted me. Why I oughta……where’s my rifle? Where’s my dog…..where the hell is winter? Did it miss us completely? Love
WHY IS MOTORCYCLE RIDING SO MUCH FUN?
Love Originally posted by Buck Lovell on Thursday, 05 January 2012 in Buck Lovell’s – American Biker Blog BECAUSE TURNING IS LEANING AND VICE VERSA………IF I NEED TO EXPLAIN…..YOU COULDN’T POSSIBLY UNDERSTAND! Love
SUICIDE CLUTCH……A DEFINITION
Love Originally posted by Buck Lovell on Monday, 12 December 2011 in Buck Lovell’s – American Biker Blog RIDING WITH NO FRONT BRAKE CAN BE SUICIDE, BUT IT’S FUN THOUGH!! I’ve seen the term “suicide shifter” used in describing a plain old ordinary tank shift. Simple ignorance caused that. There is however such a thing as a “Suicide Clutch.” I’ll tell ya why. Back in the good old days, long before foot shift was standard equipment, tank shift and foot clutch was the method used. Let’s use Harley-Davidson motorcycles as an example. The foot clutch was of the rocker type, meaning it could be “rocked” to the disengaged position, and it would stay in that position until the rider nudged it with his or her foot in the opposite direction. The rider would then control the engagement with the foot. In other words the clutch was not spring loaded. Clutch pedal movement was determined by foot position. If the rider slid his foot off the clutch pedal while it was in the disengaged position it would stay disengaged. The stock rocker clutch did have a spring that would pull the pedal towards the engaged position only after the clutch was “rocked” out of the disengaged position. Safety first for this style clutch. Early Chopper builders modified the rocker clutch so it was spring loaded, and would not stay “rocked out” in the disengaged position. This allowed for much faster clutch action. It also meant that the rider had to maintain foot pressure on the clutch to keep it disengaged. NO big deal! Many early chopper builders/riders/Outlaw bikers also decided to remove the front brake. This was done not only for cosmetic reasons, removing the front brake also lightened the motorcycle by quite a bit. If you look at old chopper photos from the 1950’s and 1960’s, even through the 1970s, many times you’ll see custom bikes or chopper with a clean looking front-end that has no front brake. This is when the suicide name caught on. A motorcycle rider while riding steep hills such as found in the city of San Francisco was subject to traffic lights like all the other traffic. If that rider was riding a chopper equipped with no front brake, hand shift (jockey shift or tank-shift) and a clutch that was modified to act as a spring loaded clutch, that rider could not easily stop and start at traffic lights. If the rider stopped at light on a steep hill using the right foot on the brake, the transmission would need to be neutral. The right foot would be holding the brake engaged the left foot would be on the ground with the left leg holding the bike upright. It took speed and coordination to quickly put the right foot down to hold the bike up, then the left foot to push the clutch pedal down, the left hand would slam the tranny into first, and the rider could then let the clutch out and go. This was virtually impossible to do on a very steep hill, so riders took to running the traffic lights rather than attempting a stop & go. More than a few were killed in the process. And that, my friends is how the suicide clutch got his name. That’s my story, and I’m sticking to it! Enough riders were killed for other riders (and the cops) to consider it suicide to ride a motorcycle equipped as described. But then again, all the macho guys went straight to the suicide set-up, for macho reasons alone. Back in the good old days real bikers shunned the wearing of leather. Back then, only sissies wore leather. Also, if a jockey-top is mounted rather than a ratchet-top (four speed transmission only) when hand shifting, blazingly fast power shifts can be made, and wheelies will happen. It’s more fun than a high speed chase! I rode a rigid frame Panhead for years with a foot-clutch, jockey shift, and no front brake. I purchased the motorcycle so equipped and once I got familiar with it, I saw no reason to change. I also wore a leather jacket; I like my skin too much I guess. When myself and friends rode up to San Francisco to cruise the Haight Ashbury district, the guys with front brakes rode behind the guys without front brakes, and held them in place on the steep hills at traffic lights by putting their front wheel against my and others rear wheel. That’s what friends are for. Hardly anyone runs without a front brake these days, but there are a few. See the photo of the purple bike seen here. Foot clutch, no front brake, and hand shift. The owner makes a point of riding it exclusively on flat roads. I don’t blame him, anything else is beyond scary. Then again, I miss my old Panhead; I must have put 200,000 miles on that bike without committing suicide. Came close a few times though. I’ll tell ya about one of those later on. Pictured is a stock Harley-Davidson rocker clutch pedal assembly. Harley’s pedal functioned as heel down disengaged. Indian motorcycles rocker clutch function as toe down disengaged. This late model custom motorcycle has no front brake. The clutch is foot operated. Shifting is by hand with the shifter located just in front of the oil bag and just above the belt drive primary. No front brake, foot clutch, and hand shift. It’s a suicide clutch, that’s a fact. Clean and lean, we don’t see bikes like this anymore………bummer. Chrome don’t get ya home………I love chrome…….it does look good even when sitting on the side of the road LOL…. Buck Love
NO STATE TRADEMARK FOR the NAME STURGIS!!…..
Love SOUTH DAKOTA Secretary of State Gant reminds trademark applicants about what cannot be trademarked. This is in reponse to the tremendous reaction caused by certain groups who lay claim to the name Sturgis that are trying to prevent others from using the name Sturgis on products they are selling. Buck Lovell….. Secretary of State Jason Gant noted today that the public should be aware that South Dakota Law places certain restrictions on trademarks, and those seeking to trademark their name for exclusive use need not apply. “South Dakota law does not allow persons to simply trademark a name or a location to deny its use to others. Any trademark registration with a name or location can only be used in connection with additionally descriptive terms distinctive of the applicant’s goods or services,” Gant said. “In other words, I couldn’t trademark the name “Jason Gant” in South Dakota, but I could trademark “Jason Gant Widgets.” “The same goes for geographically descriptive terms such as “Black Hills,” or “Spearfish.” In the past, based on state law, our office has denied such requests based on SDCL 37-6-10,” Gant said. “The key for trademark applicants is that the requirement for a trademark is that a term’s use must be distinctive. You can protect the identity and distinctiveness of your product, but you can’t deny someone the use of their name, just because they might have the same name.” Controversies over protecting names have arisen recently due to a group in Sturgis filing for federal trademark protection for “Sturgis,” and “Black Hills” and a state prison inmate suing actor Mike Rowe because they share the same name. Gant noted, “In the case of trademarking “Sturgis” and “Black Hills,” this only could have taken place at the federal level, because my office has and will continue to reject similar applications, based on 37-6-10. Unfortunately, the parties involved are left to fight that battle in federal court.” “In the case of South Dakota’s Mike Rowe bringing suit against Mike Rowe, the narrator of The Deadliest Catch, for virtue of having the same name, everyone has their right to have their day in court. However, anyone attempting to trademark a personal name for their own exclusive use would find their application rejected in South Dakota.” Main Street Sturgis in the winter…..where are the bikers? Love
It’s over! Sturgis doesn’t own rally or words Sturgis, Sturgis Rally or Sturgis Motorcycle Rally!
Love Good news! Since day 1 the Sturgis Rally has been by bikers, for bikers. Not by the city government, for bikers. The tradition began when local Indian Motorcycle dealer Pappy Hoel invited a few friends to town for a good time. The Sturgis Motorcycle Rally has been promoted and organized by local small businesses and organizations for 80 years since. That tradition can continue today thanks to recent court rulings that put the power of the rally back into the hands of the people who are most passionate about its existence, bikers. On November 2, 2018, the appellate court ruled that Sturgis Motorcycle Rally Inc. (SMRI), in fact, did not own or have valid trademark rights to “Sturgis,” “Sturgis Rally & Races” or “Sturgis Motorcycle Rally.” The summary stated, “SMRI and its witnesses were … not credible as a matter of law when they told the jury that it and its predecessors-in-interest had been the substantially exclusive users of the word.” It went on to state, “…a trademark owner cannot establish that its mark is valid simply by getting its officials and agents to say that it is.” The later ruling on February 14, 2019 from Judge Jeffrey Viken in the US District Court, District of South Dakota, Western Division stated: “The record does not support a finding that SMRI owns, produces, or operates the rally, or does anything else that might allow it to acquire ownership over the rally itself or its intellectual property. The record indicates to the contrary that the rally is a pluralistic endeavor.” The Sturgis Motorcycle Rally was born from the Black Hills Motor Classic started by local Indian dealer J.C. (Clarence) “Pappy” Hoel in 1938. Since its inception, private area businesses throwing events such as races, concerts and rides have made, and continue to make, the Sturgis Rally what it is today. The U.S. District Court issued an order in February 2019 that reaffirmed that: Sturgis Motorcycle Rally Inc’s (SMRI) claim to the “Sturgis” mark is invalid SMRI’s claim to U.S. Registration Nos. 3,923,284 and 4,440,4061 for “Sturgis” are both invalid and subject to cancellation SMRI’s claim to the “Sturgis Rally & Races” mark is invalid SMRI’s claim to the “Sturgis Motorcycle Rally” mark is invalid As Judge Viken stated in his February 14, 2019 ruling, “The terms STURGIS, STURGIS RALLY & RACES, and STURGIS MOTORCYCLE RALLY when used by the defendants, or by anyone else for that matter, do not infringe on SMRI’s marks.” For the first time in more than a decade, Rushmore Photo & Gifts (RPG) and other businesses will be able to produce goods in 2019 using the now defunct Sturgis trademarks. RPG may have been the ones to bring and stick with the lawsuit, but they won’t be the only ones reaping the rewards of their time spent in court. Your browser does not support PDF viewerDownload PDF File Here Download PDF File Here Your browser does not support PDF viewerDownload PDF File Here Download PDF File Here Love
FTS- Up In Flames
Love I bet you’re wondering who the hell this “Creeping Jennie” chick is, and why you should bother reading this blog. All right, I’ll explain. I’m a middle aged housewife from Rapid City South Dakota, and I like writing and motorcycles. (And world peace. Tee hee!) Unfortunately, I have some physical issues that prevent me from riding my own bike. I have had arthritis in my hands since my mid-twenties, and coupled with the insanely small size of my paws, I simply can’t pull in a clutch lever. I also have some annoying balance issues as well, so as a matter of public safety, I have decided that it’s best that I just ride bitch. My husband wants to build me a trike with a suicide clutch, but it’s fine. I’m perfectly happy sitting in the bitch seat and looking cute. I met my husband at the 2009 Sturgis Motorcycle Rally. He made the trip from Down Under to check out the Big Rally, and report back to all of his friends from his social club back in Australia. I was there camping at the Chip with my brother and my sister in law. My purpose was to enjoy the sights, sounds, bikes and music, and do a little writing. We became friends and exchanged contact info. He went on back to Australia, and I went back home to Rapid City, and never expected to hear from him again. Imagine my surprise when I received that first email. The rest is a long story filled with Skype dates, a few visits, a long two year wait, and a Sturgis wedding in a red and black dress. Since then, we spend the Rally week camping in our converted school bus at the Buffalo Chip. Every Thursday of the Rally is our wedding anniversary, no matter what the actual date is. We have established a social motorcycle club here in Rapid City. It is a family centered club, with members ranging in age from eleven to seventy one years of age. Life is good, but it’s even better on a motorcycle, even if I am “only” in the bitch seat. (Originally Posted by Creeping Jennie on Thursday, 05 February 2015 in Sturgis.com Blogs) Creeping Jennie Love
If it’s not yours, don’t try to take it.
Love I bet you’re wondering who the hell this “Creeping Jennie” chick is, and why you should bother reading this blog. All right, I’ll explain. I’m a middle aged housewife from Rapid City South Dakota, and I like writing and motorcycles. (And world peace. Tee hee!) Unfortunately, I have some physical issues that prevent me from riding my own bike. I have had arthritis in my hands since my mid-twenties, and coupled with the insanely small size of my paws, I simply can’t pull in a clutch lever. I also have some annoying balance issues as well, so as a matter of public safety, I have decided that it’s best that I just ride bitch. My husband wants to build me a trike with a suicide clutch, but it’s fine. I’m perfectly happy sitting in the bitch seat and looking cute. I met my husband at the 2009 Sturgis Motorcycle Rally. He made the trip from Down Under to check out the Big Rally, and report back to all of his friends from his social club back in Australia. I was there camping at the Chip with my brother and my sister in law. My purpose was to enjoy the sights, sounds, bikes and music, and do a little writing. We became friends and exchanged contact info. He went on back to Australia, and I went back home to Rapid City, and never expected to hear from him again. Imagine my surprise when I received that first email. The rest is a long story filled with Skype dates, a few visits, a long two year wait, and a Sturgis wedding in a red and black dress. Since then, we spend the Rally week camping in our converted school bus at the Buffalo Chip. Every Thursday of the Rally is our wedding anniversary, no matter what the actual date is. We have established a social motorcycle club here in Rapid City. It is a family centered club, with members ranging in age from eleven to seventy one years of age. Life is good, but it’s even better on a motorcycle, even if I am “only” in the bitch seat. (Originally Posted by Creeping Jennie on Thursday, 05 February 2015 in Sturgis.com Blogs) Creeping Jennie Love
How’s The Weather?
Love I bet you’re wondering who the hell this “Creeping Jennie” chick is, and why you should bother reading this blog. All right, I’ll explain. I’m a middle aged housewife from Rapid City South Dakota, and I like writing and motorcycles. (And world peace. Tee hee!) Unfortunately, I have some physical issues that prevent me from riding my own bike. I have had arthritis in my hands since my mid-twenties, and coupled with the insanely small size of my paws, I simply can’t pull in a clutch lever. I also have some annoying balance issues as well, so as a matter of public safety, I have decided that it’s best that I just ride bitch. My husband wants to build me a trike with a suicide clutch, but it’s fine. I’m perfectly happy sitting in the bitch seat and looking cute. I met my husband at the 2009 Sturgis Motorcycle Rally. He made the trip from Down Under to check out the Big Rally, and report back to all of his friends from his social club back in Australia. I was there camping at the Chip with my brother and my sister in law. My purpose was to enjoy the sights, sounds, bikes and music, and do a little writing. We became friends and exchanged contact info. He went on back to Australia, and I went back home to Rapid City, and never expected to hear from him again. Imagine my surprise when I received that first email. The rest is a long story filled with Skype dates, a few visits, a long two year wait, and a Sturgis wedding in a red and black dress. Since then, we spend the Rally week camping in our converted school bus at the Buffalo Chip. Every Thursday of the Rally is our wedding anniversary, no matter what the actual date is. We have established a social motorcycle club here in Rapid City. It is a family centered club, with members ranging in age from eleven to seventy one years of age. Life is good, but it’s even better on a motorcycle, even if I am “only” in the bitch seat. (Originally Posted by Creeping Jennie on Thursday, 05 February 2015 in Sturgis.com Blogs) Creeping Jennie Love
