Events promoters fight trademark trespass

A recent court judgment awarding the Reno Air Racing Association damages from a vendor who sold unauthorized souvenirs is unusual.

The effort by special events in the area to protect their trademarks isn't.

"People think they can just go out and trade on your mark," said Mike Houghton, president of the Reno Air Racing Association.

"It's priceless.

It's your identity.

This is like identity theft."

That accounts for the tough stance the air races took in the case of Jerry McCord and his Reno-based company,Western Sales Distributing Co., which sold Tshirts, jackets, hats and mugs emblazoned with "Reno Air Races" and its pylon logo outside the air races gates in from 1999 through 2002.

McCord didn't have permission or buy a license from the air races to use the event's name or its trademarked pylon logo.

The air races took a progressively tougher stance starting with conversation and letters, ending up with a restraining order and legal action.

Federal Judge Howard McKibben ruled this month that McCord violated a trademark held by the air races.

He'll be required to pay cash damages of $6,772 a figure that judge estimated to be McCord's profit from four years of sales at the air races.

The judge may order him to pay part of the air race association's attorney's fees as well.

Michael Rounds, the Reno attorney who represented the association, said the ruling lays the groundwork for the air races to pursue other vendors who don't respect the association's trademarks.

The case isn't just an intellectual exercise.

The air races like other special events relies heavily on merchandising for financial support.

And other special events are aggressive about protecting their trademarks.

"You've got to keep an eye on it," said David Saville, executive director of Hot August Nights.

"Over the years, we've had to contact a few people.

They usually stop."

Most troubling, Saville said, are instances in which unauthorized vendors use the organization's name and reputation to promote unsavory activities.

Organizers of the Great Reno Balloon Race also keep an close eye on their trademarked name.

"We've had to fire off a few letters from our attorney," said organizer Marlene Olsen.

"But we haven't had to take it any further than that."

The message to vendors, she said, is straightforward: "If you want to be involved with the balloon races, you need to be a sponsor." The Reno-Tahoe Open, meanwhile, devotes much of its effort to educating sponsors about the proper use of its trademarks as well as those of the PGA, said tournament director Jim Kline.