Competitor Group has told organizers of the Summerfest Rock 'n' Sole Half Marathon and 10K Run "to come up with a different name" for the Milwaukee race, worried that people will confuse it with Competitor's Rock 'n' Roll Marathon Series, according to Jim Stingl of the MILWAUKEE JOURNAL SENTINEL. California-based Competitor Group, in a letter to Summerfest President Don Smiley, argued that the Summerfest race name is "highly similar to the company's trademarks." Competitor Group said that this "would dilute those names," so Summerfest should "drop the name and immediately destroy any materials bearing the name." In response, Summerfest went to federal court in Milwaukee and "filed a motion for declaratory judgment saying the two names are not that similar and can peacefully coexist in the marketplace." Milwaukee-based attorney George Solveson, who is not involved in this case, said that "several factors are weighed to determine if confusion is likely." Stingl notes these "include the similarity of the names, the strength of the trademark, the type and proximity of the good or services being offered, and the intent in selecting the name in question" (MILWAUKEE JOURNAL SENTINEL, 4/1).
