Andrea J. Cook Journal staff | Posted: Monday, December 12, 2011 3:01 am
South Dakota's trademark laws have no bearing on the trademark dispute between Sturgis Motorcycle Rally Inc., and Rushmore Photo & Gifts that is working its way slowly through the federal court system, according to South Dakota Secretary of State Jason Gant.
"South Dakota law does not allow persons to simply trademark a name or a location to deny its use to others. Any trademark registration with a name or location can only be used in connection with additionally descriptive terms distinctive of the applicant's goods or services," Gant said. "In other words, I couldn't trademark the name "Jason Gant" in South Dakota, but I could trademark "Jason Gant Widgets."
