Local military families nonprofit Race to Remember has filed a complaint against a for-profit that organizes running races, alleging that the company misled people into believing one of its races was affiliated with the nonprofit.
The complaint filed Thursday in Clark County Superior Court against Why Racing Events says that the for-profit is passing off its race, “Run to Remember” as Race to Remember.
Race to Remember argues that the similar event name has “caused considerable consumer confusion,” and that entries for the “Race to Remember” dropped more than 50 percent because of it, the complaint says. The nonprofit has held a Memorial Day run for the last two years in Vancouver.
Why Racing Events organized its race the Saturday before Memorial Day in Washougal, causing further confusion, the complaint alleges.
“The race to acquire market share and customers is a long hard course. But like any race, there is always a temptation to take a shortcut,” the complaint reads. “This lawsuit is about a shortcut. Like Rosie Ruiz in the Boston Marathon, a for-profit race organizing company, Why Racing Events Inc., has taken such a shortcut.”
Sherri McMillan, president of Why Racing Events, said Tuesday that she doesn’t agree with the complaint and couldn’t comment on whether the similar race names caused any confusion.
She said the goal of “Run to Remember” was to raise money for the charity Northwest Battle Buddies, which provides service dogs to veterans who have post-traumatic stress disorder. “It definitely had very good intentions and was a great event,” McMillan said.
She argues that the race names are not the same, and there are quite a few differences between the events.
Race to Remember was founded in 2009 after its founding member’s fiancé, a 20-year Army veteran, died. The nonprofit’s purpose is to raise community awareness of the sacrifice that military members and their families make on a daily basis, according to the complaint.
From 2009 to 2013, Race to Remember has organized teams of runners for several events in Vancouver and the Portland metro area.
Why Racing Events was established in December 2014, according to the complaint, and has organized or sponsored Blue Lake Triathlon and Duathlon Weekend Festival; Pacific Crest Triathlon & Weekend Sports Festival; Hagg Lake Triathlon & Duathlon; MidSummer Triathlon & Duathlon; and Columbia River Triathlon & Fitness Festival.
The nonprofit alleges that Why Racing Events was aware of the nonprofit’s running brand developed over the past six years and used the similar race name to “free-ride on the goodwill” it has built, the complaint says.
The for-profit is also not registered with the Secretary of State’s Charities Program despite promoting its race as a benefit for Battle Buddies, according to the complaint. Race to Remember argues that the for-profit used false and deceptive advertising, and alleges that only a small fraction of the proceeds from its race goes to Battle Buddies.
Race to Remember is asking a judge to forbid Why Racing Events from using the event name “Run to Remember” in the Vancouver and Portland metro areas. It is also seeking $10,000 in damages, among other damages, for trademark infringement and unfair competition.
This is not the first time a complaint of this nature has been filed in Clark County Superior Court. Vancouver Winefest, a three-day charitable event held in Esther Short Park, renamed itself the Vancouver Craft Winefest in 2013 in an attempt to settle a lawsuit filed by Bravo! Vancouver.
Bravo had argued that the name caused too much confusion with the nonprofit’s annual Vancouver Wine & Jazz Festival.
