Steve Lord, chairman of the Leavenworth Oktoberfest, makes funny faces in a group photo of a visiting group from New Braunfels, Texas, in 2016. Lord and Projekt Bayern are in a legal fight with the city of Leavenworth over the festival.
Steve Lord, chairman of the Leavenworth Oktoberfest, makes funny faces in a group photo of a visiting group from New Braunfels, Texas, in 2016. Lord and Projekt Bayern are in a legal fight with the city of Leavenworth over the festival.
World file photo/Don Seabrook
SPOKANE — A federal judge has denied a city of Leavenworth effort to stop a rival Oktoberfest in Wenatchee from billing itself as “Leavenworth Oktoberfest.”
U.S. District Court Judge Thomas O. Rice ruled Wednesday that the city did not provide sufficient evidence to show Projekt Bayern, organizers of the Oktoberfest in Wenatchee, has caused irreparable harm to the city.
Projekt Bayern, which operated Leavenworth Oktoberfest for more than 20 years until the city terminated its contract in 2021, is hosting Oktoberfest this year in Wenatchee under the name “Leavenworth Oktoberfest.”
Projekt Bayern obtained a federal trademark for the use of the “Leavenworth Oktoberfest” in 2017.
Leavenworth is hosting an Oktoberfest during the same weekends as Projekt Bayern and sued earlier this year to stop the group from billing itself as “Leavenworth Oktoberfest.” The city filed a motion for preliminary injunction in August and Rice heard oral arguments Tuesday.
The city claimed Projekt Bayern falsely advertised in a Facebook post that stated the city wasn’t hosting an Oktoberfest and that it misled consumers by hosting Leavenworth Oktoberfest in Wenatchee. The post was later removed by Projekt Bayern, but the information was repeated online by a consumer, Rice wrote in his decision.
“To be held liable for making false statements, the statements must be made by (Projekt Bayern),” Rice said.
He also noted the city “has not submitted sufficient evidence to establish the likelihood of irreparable harm.”
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