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
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Reader Reactions
I neglected to point out that the core of this issue is Tennessee-based Universal Fair’s pretending they are the official state fair. A quick yahoo or google search of “Universal Fairs Alabama” or “Universal Fairs Tennessee” will show you that this is Universal Fair’s proven technique for drawing attendees. Universal Fairs successfully convinced many Alabamans that it was hosting the official state fair, even with a major venue change. This is really looking like a predatory company.
Expo South is the parent company of Universal Fairs. With the sale of their declining-attendance hunting and arts and craft shows, the company began looking at other opportunities in the entertainment market. If they weren’t from Tennessee, I’d consider them carpet baggers. Oh well. Have fun with your $5 per ride tickets and $10 turkey legs. Ask the folks in Alabama; you’ll see.
Stop blaming the Virginia State Fair for “moving”. They were ousted for a higher-profit, out-of-state group who will surely keep every penny of profit in Tennessee instead of recirculating it in Virginia.
How soon you have all forgotten former owner/former Chairman Paul Sawyer’s quest to remove the State Fair from the RIR property. He very publicly expressed that the fair was inhibiting his growth of the RIR facility. There were a number of years where the fair was “moved” from RIR, however ended up being hosted there due to lack of proper facilities at potential new sites.
This boils down to money. Doug Fritz, president of the Richmond International Raceway, runs a business for profit. The sky-scraperish grandstand addition at RIR was not added due to a demand from race fans to be further away from the race; it was built to capitalize on those seeking a sensational Daytona-like experience. The added seats, along with the recession, prevented RIR from selling out any race in 2008. We will find out that this new Tennessee-owned Richmond State Fair is paying a much larger usage fee to the RIR property.
The State Fair of Virginia had to seek another location for many reasons, one of which was inability to fund a fair that retains the spirit of the State Fair of Virginia on RIR property with higher usage fees. The simple fact that the State Fair of Virginia is a 501(c)(3) non-profit organization, while Tennessee-based Universal Fairs is a very for-profit company, should be an indication that the Richmond State Fair will gouge Fair patrons for rides and concessions.
There are many people who will have no clue that the Richmond State Fair is NOT the State Fair of Virginia. They will complain about the inadequacy of value for their financial expenditures. Be prepared.
How sad you think the official State Fair of Virginia abandoned Richmond. Please DON’T come to the fair in Caroline County, because I don’t want to hear you at the pig races whining about how awful the 20-minute car ride was. I hope you enjoy your 20-minute traffic congestion waiting for parking at the disguised Richmond State Fair, then again when you try to leave the RIR property.
The argument here is about the name and contacting advertisers with false info. Choosing to call it the “Richmond State Fair” is crafty and could be argued to be trading on the “State Fair of Va” reputation. Thats for the courts to decide. The part about contacting vendors from the old State Fair and telling them there is no longer a State Fair of VA and that the July event is the new event, that’s dirty and makes me wonder what kind of company is trying to do business here. Again, the courts will figure that situation out.
And yes, the events held at Strawberry Hill, RIR, etc are in Henrico County, the city line is across the street.
Same location and using about as similar name as you can get with “Richmond State Fair”, pretty obvious rip off. Also the fir did not abandon Richmond, it’s only 15 minutes up the road right next to Kings Dominion, still within the Richmond metro area. The new site will be exclusively on a true fairground site like it was originally, while the old site was purchased by NASCAR years ago and is not interested in the fair but in expanding their racing facility and parking.
hate to tell you this, but many state fairs AREN’T in capital cities. Michigan State Fair is within the city limits of DETROIT, not Lansing. Texas State Fair is in DALLAS, not Austin. Where is the written rule that the state fair has to be in the capital city?
The area where the Fair was (RIR Complex) was not always in the center of it all. The areas around it are not particularly safe and I agree that the new location will be more accessible and enjoyable for more people in the state. i am really looking forward to seeing the new equestrian facilities.. it was always a real challenge to competitors having the horses so close to a lot of the action.. actually could be pretty dangerous. I believe the new layout has more separation and that should be less stressfull for the animals.. another big plus. I may go back to showing at the fair because of it.
aebulloc—If people can come from thousands of miles away to see NASCAR races, I am very sure they would do the same for the State Fair as they have in the past.
And yes, while the fair was held in Henrico, it was less than a mile from the city line. Can’t say that anymore.
So you be content with going to Caroline. I’ll take my fair money and go to NC’s State fair in their cap city.
Caroline is technically still within the Richmond metro area, as it falls under the Richmond MSA.
wait aebulloc, first you say the fair has been in Henrico, which isn’t the city, but later you say people who aren’t from the city don’t what to drive there for the fair. Which is it? City or County? The fact is, hundreds of thousands of folks always have gone to the fair at it’s history site in Henrico in metro Richmond.
I was also under the impression that RIR was in Henrico rather than Richmond. If the fair being in the capital city was their beef, they never should have gone to begin with!
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