Harrell v. Colonial Holdings, Inc.

MEMORANDUM OPINION

(Motions to Dismiss)

HENRY E. HUDSON, District Judge.

This case involves a dispute over the rights to the service mark for “Strawberry Hill Races,” a century-old steeplechase horse racing tradition in Richmond, Virginia. In early 2012, Defendants were spearheading arrangements to hold the event at Colonial Downs racetrack later that summer. Shortly before the race was held, Plaintiffs purchased the federally-registered mark at bankruptcy auction and immediately dispatched a cease and desist letter to Defendants — even before title to the trademark was officially transferred.…