Spokane Judge Dismisses Projekt Bayern’s Counter Claim Regarding Oktoberfest Trademark

Spokane Judge Thomas O. Rice granted the City of Leavenworth’s request to dismiss nonprofit Projekt Bayern’s amended counterclaim, stating they failed to comply with filing procedures.

On Dec. 7, Judge O. Rice ruled to dismiss Projekt Bayern for failing to amend their counterclaim until after 60 days have elapsed after the first claim was presented to court.

On July 20, 2022, the city filed a lawsuit against the Leavenworth nonprofit Projekt Bayern for allegedly misleading consumers into thinking they were going to the Oktoberfest in Leavenworth.

On Sep. 21, Projekt Bayern filed an amended counterclaim, arguing that they rightfully own the trademark “Leavenworth Oktoberfest.” They also claimed that they give the city notice of this amendment on Oct. 4.

In the amended counterclaim, Projekt Bayern claimed that both the City of Leavenworth and the Leavenworth Chamber of Commerce violated Washington’s Consumer Protection Act and created “unfair competition” against them.

Projekt Bayern argued that their counterclaims were not barred since they were also seeking injunctive relief against the City. However, Projekt Bayern failed to cite any authority to support their position, nor did the court find one.

The judge dismissed counterclaims without prejudice, so Projekt Bayern has the opportunity to make their case again.