Advanstar Threatens To Sue Us Over Somebody Else’s Motorcycle Show In Portland

Advanstar Threatens To Sue Us Over Somebody Else’s Motorcycle Show In Portland

© 2007, Roadracing World Publishing, Inc.

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In a stunning demonstration of a communications company’s inability to understand the difference between posting a press release on a news website and actually having something to do with the subject of said press release, Advanstar Communications is threatening to sue Roadracing World. On November 5, Roadracingworld.com posted a press release announcing a motorcycle show in Portland; the press release was labeled “from a press release” and was headlined by Roadracingworld.com “Inaugural Portland Motorcycle Show Scheduled For December 8-9.” It was slightly modified on November 6 following revisions received from the event organizers and the headline was changed to “Updated: Inaugural Portland Motorcycle Show Scheduled For December 8-9.” Note that the headline written for the press release by Roadracingworld.com does not contain the phrase “International Motorcycle Shows.” The press release appears on Roadracingworld.com here: ~https://www.roadracingworld.com/news/article/?article=30705~ Information on the company producing the motorcycle show in question is available at this web address, which is contained in the posted press release: ~http://www.portlandmotorcycleshow.com/~ and which makes it easy to find: ~http://www.portlandmotorcycleshow.com/contact.html~ On November 8, Roadracing World Publishing received a FAX from lawyer Martha M. Markusen of the law firm Fryberger, Buchanan, Smith & Frederick, P.A. of 700 Lonsdale Bldg., 302 West Superior St., Duluth, MN 55802-1863, phone (218) 722-0861, FAX (218) 725-6800. The FAX was addressed to “Road Racing World, Attn: Chief Executive Officer, PO Box 1428, Lake Elsinore, CA 92531.” The FAX read as follows: INTERNATIONAL MOTORCYCLE SHOWS TRADEMARK INFRINGEMENT This law firm represents Advanstar Communications Inc. (“Advanstar”) with respect to its INTERNATIONAL MOTORCYCLE SHOWS trademark. Advanstar is the owner of U.S. Trademark Registration No. 1646225 for the mark INTERNATIONAL MOTORCYCLE SHOWS, for use in conjunction with conducting exhibitions featuring motorcycles and related products and accessories. Advanstar has used this mark since as early as 1985 and the mark is very well known within the industry. It has recently come to Advanstar’s attention that you are introducing a show in Portland, Oregon on December 8-9, 2007 and are calling it the “Portland International Motorcycle Show.” On November 30 through December 2nd, my client is presenting its show in Seattle. Washington. I note that you are promoting the Portland show on your website at http://racingworld.com. Use of “International Motorcycle Show” in connection with your event infringes on Advanstar’s trademark rights acquired through its exclusive use and through registration of its mark with the United States Patent and Trademark Office. “Portland International Motorcycle Show” is confusing (sic) similar to Advanstar’s federally registered mark, INTERNATIONAL MOTORCYCLE SHOWS. The public is likely to be misled into believing Advanstar is affiliated with your event when that is not the case. My client is likely to suffer damages because the public may assume your event is affiliated with Advanstar and thus attend your show, rather than my client’s INTERNATIONAL MOTORCYCLE SHOWS event in Seattle. CEASE AND DESIST DEMAND Advanstar demands that you immediately cease and desist all use of “International Motorcycle Show” as part of any events and specifically for the event scheduled in Portland on December 8-9. Use of “International Motorcycle Show” in conjunction with your event infringes on Advanstar’s trademark rights. Advanstar considers infringement to be a very serious matter and if necessary will enforce its rights to the fullest. Advanstar is willing to settle this matter amicably on certain terms and conditions. You must immediately change the name of your show. If you have made any promotional mailings you must send new mailings which clearly indicates (sic) that your show is not affiliated with Advanstar’s INTERNATIONAL MOTORCYCLE SHOWS. You must sign an agreement which at a minimum must represent that your event had been renamed and Advanstar’s trademark has been removed from your website, signs, promotional material and any mailings. These shows are coming up quickly and an immediate resolution is absolutely necessary to avoid any further damage to my client. You must contact our firm by Monday, November 12, 2007 regarding the action you intend to take to remedy this situation. In the event we do not receive a response within this time, we will advise Advanstar to take further action without any further notice to you. Yours truly, Martha M. Markusen In response to the FAX, Roadracing World Publishing, Inc. Vice President John Ulrich said, “I would advise Advanstar to find a lawyer with better understanding of the communications business and with better research skills than Martha Markusen. We have nothing to do with the motorcycle show in Portland, and simply posted a press release issued by the show’s promoters which clearly included the address of the actual promoters’ website.”

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