Walmart Wins Cancellation of ‘Sturgis’ Trademark
Written December 26, 2019
The US District Court for the District of South Dakota on December 11, 2019, canceled trademark registrations for the word “Sturgis” in light of Walmart and others’ success defeating the trademark owner’s related infringement claims.
Sturgis Motorcycle Rally sued Walmart Stores Inc., souvenir seller Rushmore Photo & Gifts, and others for allegedly infringing trademarks related to the long-running Sturgis, South Dakota Motorcycle Rally. The Eighth Circuit in November 2018 held that the company doesn’t have an exclusive right to the word “Sturgis,” overturning part of a jury verdict in the district court.
The US District Court for the District of South Dakota rejected Sturgis Motorcycle Rally Inc.'s argument that failing to prove the marks’ validity before the Eighth Circuit was different from the court finding the marks invalid. “The United States Court of Appeals for the Eighth Circuit has spoken. The Sturgis mark is invalid,” the district court said.