U.S. District Judge Thomas O. Rice denied the city of Leavenworth’s request to revoke Projekt Bayern’s right to use “Leavenworth Oktoberfest.”

On Sep. 28, shortly after both parties met in a Spokane courtroom, Judge O. Rice determined that the city lacked sufficient evidence proving that Projekt Bayern caused irreparable harm.

“A plaintiff seeking injunctive relief must ‘demonstrate that irreparable injury is likely in the absence of an injunction.’”

The court also found that the 10-month interval between Projekt Bayern’s initial announcement to move Oktoberfest and when the city issued their summons did not prove that irreparable harm was made.

“The Court finds Plaintiff has not carried its burden to demonstrate a likelihood of irreparable harm absent a preliminary injunction.”

Lastly, the city still has not provided sufficient evidence that Projekt Bayern filed a trademark under false pretenses.

“Additionally, at this stage in the litigation, Plaintiff has not provided evidence that the mark is invalid, was fraudulently registered, or that Defendant lacks the right to use the mark.”

This injunction denial means that Projekt Bayern can hold their Oktoberfest in Wenatchee without having to change their marketing material or the trademark name “Leavenworth Oktoberfest.”

The city’s injunction also asked for the court to dismiss Projekt Bayern’s counterclaim.

The judge denied that as well.

The city’s overarching lawsuit against Projekt Bayern may proceed in Spokane’s Eastern District court in the near future, with a telephone conference between both parties scheduled for Oct. 5.

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