A legal battle continues between the city of Leavenworth, Washington, and Projekt Bayern, the group behind the popular Leavenworth Oktoberfest event. The city filed a lawsuit against Projekt Bayern, claiming that the group's use of the term "Leavenworth Oktoberfest" was causing confusion among consumers, leading to a decrease in tourism for the city. Projekt Bayern countered with a claim that they had trademarked the term in 2017 and had been consistent in stating that their event would be held in Wenatchee.
In court documents filed last week, the judge ruled that arguments surrounding the dispute over the Projekt Bayern hashtag can still be used in litigation. While he is allowing both the lawsuit and counter-suit to move forward, he will not consider claims of unfair competition when it comes to the words "Oktoberfest is back" and "Oktoberfest returns".
The city claimed in its argument that "multiple consumers have communicated to the city that they have changed plans and are no longer planning to visit Leavenworth this year." They also claimed that Projekt Bayern's "conduct has tarnished the city’s reputation with its residents and visitors, and damaged its relationship with service providers the city works with on this event each year."
As the legal battle continues, the future of the Leavenworth Oktoberfest remains uncertain. With both sides digging in, it may be some time before a resolution is reached.