This is good news!
The U.S. District Court for the District of South Dakota, Western Division, issued an order in February 2019 that reaffirmed that:
For the first time in more than a decade, RPG and other businesses will be able to produce goods in 2019 using the now defunct Sturgis trademark. 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.
On November 2, 2018, the appellate court ruled that 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.
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."