State Fair of Va. sues Tenn.-based company planning fair in Richmond
LAWSUIT: Read the court documents
The State Fair of Virginia Inc. has filed a lawsuit in federal court against a Tennessee-based company planning a 10-day fair this summer in Henrico County that they say undermines their decades-old event.
The suit, filed March 6 in Richmond, claims Universal Fairs is using a similar logo for their Richmond State Fair, which is planned for July at Richmond Raceway Complex -- the longtime home of the State Fair of Virginia.
The suit also alleges that Universal Fairs has called vendors and told them the State Fair of Virginia will not be conducted by State Fair of Virginia Inc. this year but rather by Universal.
Universal Fairs' president says that's not the case.
"We've called exhibitors to sell exhibit space, but never have we, nor will we ever, say the State Fair of Virginia is not happening," Mark Lovell said in a telephone interview yesterday.
The State Fair of Virginia Inc., the non-profit parent company of the State Fair, is seeking unspecified damages. No trial date has been set, but Universal Fairs has 20 days to respond to the lawsuit.
"We don't want to be about filing lawsuits . . . or going to court," said Curry Roberts, president of the State Fair of Virginia, but he added, "we have an obligation . . . to protect the good name of the event."
Universal Fairs approached raceway officials last year when they heard the State Fair was moving from Richmond International Raceway to Meadow Event Park in Caroline County, near Kings Dominion. The State Fair is scheduled for Sept. 24 through Oct. 4.
Roberts said the State Fair of Virginia contacted Universal Fairs in January about its concerns about confusion created in the community among vendors and concessionaires regarding the two events, "and they ignored that."
Richard A. Minardi Jr., a partner at the Troutman Sanders law firm, wrote in a letter to Lovell dated Jan. 26 that the State Fair of Virginia was informed that Universal Fairs representatives were contacting the State Fair of Virginia's vendors and exhibitors making statements that "the State Fair of Virginia will not be conducted by SFVA in 2009."
The lawsuit says a sales representative with Mobile Mini Inc., a national storage company with an office in Ashland, was contacted March 4 by Universal Fairs. The caller told Mobile Mini that the "Richmond State Fair was being held on a new date in July 2009, at the original location, the Richmond Raceway Complex," according to the suit.
Lovell said vendors are contacted to extend them the opportunity to pay and set up booths at Universal Fairs' events. He said his company makes it clear that the Richmond State Fair is not affiliated with the State Fair of Virginia.
"We're an above-board, reputable company," Lovell said. "I've got nothing to hide; I'm as transparent as the day is long."
Minardi's letter to Universal Fairs urged the company to stop making those statements and to discontinue planning an event that used a name "that infringes upon or is likely to be confused with State Fair of Virginia."
The lawsuit contends that Universal Fair's "Richmond State Fair" name infringes of the State Fair of Virginia's registered trademark name. Lovell said his company extensively researched state laws and discovered the words "state fair" couldn't be trademarked.
Included in the lawsuit is a document that shows State Fair of Virginia trademark information through the U.S. Patent and Trademark Office. However, there is a disclaimer saying "no claim is made to the exclusive right to use 'state fair' apart from the mark as shown."
According to Universal Fairs' Web site, the Richmond State Fair is scheduled July 17-26 at the Richmond Raceway Complex, site of the State Fair of Virginia for 62 years. A link to richmondstatefair.com, the Richmond State Fair official Web site, was not working yesterday afternoon.
Universal Fairs also conducts fairs in Alabama, Tennessee, Mississippi, Louisiana and Texas. One of the events the company helps put on is the Ostrich Festival in Chandler, Ariz., which ended Sunday.
Contact Jeremy Slayton at (804) 649-6861 or
.
Advertisement
Reader Reactions
RVA13 said…
“In regards to the ghetto neighborhoods: I’d hate to see your terrified cowardice if you were ever in a real ghetto. There are a few frightening areas near the track if you are scared of people who are told or shown that you don’t value them and don’t want them in YOUR society, but I guarantee if you stroll through there with your gun, someone braver than you will stab you. “
What planet do you live on? The apts right beside the fairground are beyond notorious. Look up the crime stats. Don’t preach it is bad because they aren’t valued or whatever else hogwash you have convinced yourself with. Plain and simple…lots of drug dealing and violent crime going on. You cannot candy coat that. Maybe you are the citizen that should pay attention instead of making ridiculous excuses to rationalize crime.
Oh, dklee:
Henrico County DOES have a fair. It’s called the Henrico Harvest Fair. Thanks for paying attention, citizen.
In regards to the comment about people being tricked by the name are stupid, then so are all the people who ever agreed to a variable rate loan. People believe what you tell them. Very few will observe the addition of “Richmond” to the name “State Fair”. If all the Circuit City properties were purchased and opened under the name My Circuit City people would shop there. Regardless of how dumb, people who were loyal to that brand would shop at the new store.
In regards to prices scaring people away: The escalating prices at the REAL State Fair over the years, the prices at Ukrop’s, or the price of gas has not chased people away. When gas was at its highest price last fall, consumption was only lowered by 5%. 5%! Exxon made more money from July 2008-September 2008 than any American company ever has in a 3-month period. Ever. That was not a 1-quarter fluke: They had been on a record-setting 6-quarter spree; each quarter they had earned more than before. Even at $3.89 per gallon, there were lines at Exxon gas stations on Friday afternoons with people filling up for optional weekend drives.
In regards to the ghetto neighborhoods: I’d hate to see your terrified cowardice if you were ever in a real ghetto. There are a few frightening areas near the track if you are scared of people who are told or shown that you don’t value them and don’t want them in YOUR society, but I guarantee if you stroll through there with your gun, someone braver than you will stab you. The recent attack on a home in Prince George County proves that rural areas are just, if not more, dangerous. If someone jacks you in Caroline County, no one will hear you scream.
I agree that the choice of names for the event is deliberately confusing, and should be changed to something more appropriate. Don’t be overly concerned about the price of concessions, though - if they are out of line, people won’t be back next year. And let’s not minimize the weather in Richmond/Henrico in July - it’s a pretty safe bet that it’s gonna be HOT!
many issues here.
1st. if anyone is actually tricked into thinking the “richmond “state” fair” is the actual state fair, they are stupid. Granted, many richmonders are that stupid, but still, Richmond STATE? fair? please just change the name.
2nd. I wish it was the henrico county fair. Chesterfield has one, why can’t henrico?
3. If they really did tell vendors that the state fair is coming back to the raceway, man, dumb vendors. how long has it been that they are moving to caroline? why would they come back??
4. as far as moving it away from richmond, if by moving 20 miles north would attract more people, so be it. It was hard getting to the raceway. Have you seen the neighborhood you have to pass? i’m glad i carry, cause i would be scared to park there. That place is GHETTTTTTO.
1) Quit whining about the fair moving to Caroline. If people can make it to Kings Dominion they can make it to new fair location.
2) If the fair were to be moved to Spotsylvania, Charlottesville, Danville, Winchester or Surry, it would still be the State Fair. The Fair does not exist to entertain Richmonders.
3) The carnival company is being shady and deceptive by naming themselves the “Richmond State Fair.“ For one, that’s a stupid name; Richmond is not a state. Second, why not call themselves the Henrico County Fair? If the company is saying they are the new State Fair and telling vendors the fair has been moved to July from September, they are engaging in shady business practices. I,for one, will not reward shady business practices, and will spend my money at the true State Fair, now held in Caroline.
People who are complaining and upset that the State Fair of Virginia is moving to Caroline County and not in the immediate Richmond area anymore are forgetting that the organization tried to stay in the area. They had plans and were working on a site in the East End off 295 just east of the airport. The deal fell apart because of too much opposition from residents in the area, fearing traffic, noise, etc.
It’s too bad as that would have been a great location and accessible to lots of people. It would have been nice for me living in the Tri-City area. But I won’t mind the Caroline County site and look forward to visiting there.
If a company started using part of your name,in your just vacated location, how would you react?
If a company told your customers that the State Fair was being held in July, not September, how would you react?
Sounds like deception to make a buck to me. You can throw some stuff together and call it ‘state fair’ but it ain’t the State Fair.
The State Fair of Virginia isn’t a commodity. Its a community event.
Let them call it the Richmond Carnival. That’s probably more accurate.
So people are in an uproar for not only one, but two fairs where essentially you pay $12-15 to get in and then spend tons of money on rigged games and on very “healthy” food?
I got a call to be a vendor and they only said “we are going to have a fair in the summer at the race complex and wanted to know if you would consider being a vendor” There was not mention of Richmond of State Fair. They just chose to leave out key parts in the conversation.
Post a Comment(Requires free registration)
- Please avoid offensive, vulgar, or hateful language.
- Respect others.
- Use the "Flag Comment" link when necessary.
- See the Terms and Conditions for details.
Advertisement