The track at Colonial Downs in New Kent. (Photo by John Athayde via Flickr)
A local horse track is trying to buck off a federal lawsuit.
Facing claims of trademark infringement and false advertising related to the Strawberry Hill Races, Colonial Downs and various affiliates have asked for the suit to be thrown out. They’ve also fired back with a countersuit alleging defamation and conspiracy, and they’re asking for hundreds of thousands of dollars in damages.
Click the image above to read the counterclaim.
The New Kent track was sued in November by Christie Harrell and Mildred Dotson, the mother/daughter team who bought the rights to the Strawberry Hill Races, a longstanding local event that was wrapped up in the bankruptcy of the State Fair of Virginia.
Their lawsuit claims Colonial Downs and its affiliates in June advertised and held the Strawberry Hill Races, just weeks after Harrell and Dotson bought the assets and trademarks of the event at auction.
They allege trademark infringement, unfair competition and false advertising against Colonial Holdings Inc., Colonial Downs LP, Stansley Racing Corp. and Colonial Downs LLC.
In its countersuit filed last week, the Colonial Downs entities claim that the bill of sale for Harrell and Dotson’s purchase of the Strawberry Hill assets wasn’t finalized until two days after the race was held at the New Kent race track.
Colonial Downs also filed a motion to dismiss the case, arguing that Harrell and Dotson’s suit lumps all the defendants together and the case therefore fails to make a proper claim.
“Plaintiff’s complaint is nothing more than a shotgun pleading indiscriminately aimed at multiple defendants without any specific factual foundation showing wrongdoing by any of them,” Colonial Downs said in the countersuit.
Click to read the original suit.
Hirschler Fleischer attorney Jim Weinberg is representing Colonial Downs.
The annual Strawberry Hill event has been held at Colonial Downs since 2000. The rights to the event were most recently owned by the nonprofit organization that owned the State Fair of Virginia until it went down in a massive bankruptcy this year.
During its bankruptcy process, SFVA entered into an agreement for Colonial Holdings to organize and hold the Strawberry Hill Races on June 2.
The fair’s lenders then liquidated its assets and intellectual property, including the ownership rights to the Strawberry Hill Races. Harrell and Dotson bought the rights at auction in May for $30,000.
Colonial Downs says Harrell and Dotson bought the assets “as is,” including Colonial Downs’ license from the former owner to put on the race.
Harrell and Dotson say that agreement was terminated after lenders took over the State Fair of Virginia’s assets.
According to the countersuit, Harrell and Dotson’s lawyer sent a letter to Colonial Downs alleging that holding the race June 2 would be illegal and demanding that Colonial Downs relinquish any profits it received from the event.
Then Harrell and Dotson wrote a second letter, according to the countersuit, and distributed it to the National Steeplechase Association and the Virginia Racing Commission.
That letter stated, among other claims, that Colonial Downs was illegally putting on the event. That’s where the alleged defamation occurred, Colonial Downs argues.
Colonial Downs claims damage both financially and to its reputation as a result of the allegations in the letter.
Colonial Downs asks for $500,000 in damages for the alleged defamation, $150,000 on each of two counts of alleged conspiracy and $100,000 for unjust enrichment.
The Colonial Downs entities are also asking for a jury trial.
Harrell and Dotson are represented by Washington attorney Michael Leonard of the firm LeonardPatel.
Leonard declined to comment on the case.
The track at Colonial Downs in New Kent. (Photo by John Athayde via Flickr)
A local horse track is trying to buck off a federal lawsuit.
Facing claims of trademark infringement and false advertising related to the Strawberry Hill Races, Colonial Downs and various affiliates have asked for the suit to be thrown out. They’ve also fired back with a countersuit alleging defamation and conspiracy, and they’re asking for hundreds of thousands of dollars in damages.
Click the image above to read the counterclaim.
The New Kent track was sued in November by Christie Harrell and Mildred Dotson, the mother/daughter team who bought the rights to the Strawberry Hill Races, a longstanding local event that was wrapped up in the bankruptcy of the State Fair of Virginia.
Their lawsuit claims Colonial Downs and its affiliates in June advertised and held the Strawberry Hill Races, just weeks after Harrell and Dotson bought the assets and trademarks of the event at auction.
They allege trademark infringement, unfair competition and false advertising against Colonial Holdings Inc., Colonial Downs LP, Stansley Racing Corp. and Colonial Downs LLC.
In its countersuit filed last week, the Colonial Downs entities claim that the bill of sale for Harrell and Dotson’s purchase of the Strawberry Hill assets wasn’t finalized until two days after the race was held at the New Kent race track.
Colonial Downs also filed a motion to dismiss the case, arguing that Harrell and Dotson’s suit lumps all the defendants together and the case therefore fails to make a proper claim.
“Plaintiff’s complaint is nothing more than a shotgun pleading indiscriminately aimed at multiple defendants without any specific factual foundation showing wrongdoing by any of them,” Colonial Downs said in the countersuit.
Click to read the original suit.
Hirschler Fleischer attorney Jim Weinberg is representing Colonial Downs.
The annual Strawberry Hill event has been held at Colonial Downs since 2000. The rights to the event were most recently owned by the nonprofit organization that owned the State Fair of Virginia until it went down in a massive bankruptcy this year.
During its bankruptcy process, SFVA entered into an agreement for Colonial Holdings to organize and hold the Strawberry Hill Races on June 2.
The fair’s lenders then liquidated its assets and intellectual property, including the ownership rights to the Strawberry Hill Races. Harrell and Dotson bought the rights at auction in May for $30,000.
Colonial Downs says Harrell and Dotson bought the assets “as is,” including Colonial Downs’ license from the former owner to put on the race.
Harrell and Dotson say that agreement was terminated after lenders took over the State Fair of Virginia’s assets.
According to the countersuit, Harrell and Dotson’s lawyer sent a letter to Colonial Downs alleging that holding the race June 2 would be illegal and demanding that Colonial Downs relinquish any profits it received from the event.
Then Harrell and Dotson wrote a second letter, according to the countersuit, and distributed it to the National Steeplechase Association and the Virginia Racing Commission.
That letter stated, among other claims, that Colonial Downs was illegally putting on the event. That’s where the alleged defamation occurred, Colonial Downs argues.
Colonial Downs claims damage both financially and to its reputation as a result of the allegations in the letter.
Colonial Downs asks for $500,000 in damages for the alleged defamation, $150,000 on each of two counts of alleged conspiracy and $100,000 for unjust enrichment.
The Colonial Downs entities are also asking for a jury trial.
Harrell and Dotson are represented by Washington attorney Michael Leonard of the firm LeonardPatel.
Leonard declined to comment on the case.
Regardless of this outcome I like the new name for the races – The Dogwood Classic.
It seems the current owners of “Strawberry Hill” are more interested in not seeing anyone else put on a horse race than actually spending there efforts in producing their own, that lives up to the name they’ve acquired. The simple fact is the Strawberry Hill Races was for decades Richmond’s biggest party of the year, where the races themselves had little to do with why 25,000 people from all over Virginia came out every year. It was a rite of Spring, a time where we could all be outside and see everyone after being cooped up all Winter. I’m 38… Read more »