September 15, 2006
Branson Sports Club, Inc.
c/o Pamela Sue Dapprich
414 Buchanan Rd
Branson, MO 65616
Dear Ms. Dapprich,
The City of Branson, Missouri owns the federally registered service mark BRANSON, MISSOURI (and design) Reg. No. 2,594,679 for use with municipal services. This federally registered mark is of great value and importance to the City of Branson, Missouri.
In addition, the City of Branson, Missouri has invest substantial time and public funds in identifying itself as a great place to visit, live, and operate a business to visitor, residents, and businesses. As you know, businesses located outside of the Branson city limits are not subject to the City of Branson’s zoning requirements, building and health codes, and certain taxes. Thus it is important for the protection of both residents of and visitors to the City of Branson, for the City to police the use of the term “Branson” by businesses over which the city has no control.
Recently, we note that you have adopted and are using “Branson” in connection with your business although you are not located within the city limits of the City of Branson, Missouri. This letter is being sent to you to protest your unauthorized use “Branson” in connection with a business not located within the city limits of Branson, Missouri. This type of deceptive trade practice constitutes trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C 1114(1); false designation of geographic origin under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a); and violates state trademark statutes and common law principle of unfair competition and misappropriation.
Within 10 days of the date of this correspondence, we expect to receive from you a written undertaking that you will formally change the name of your business to delete all references to “Branson.” Alternatively, if you would consent to annexation into the City of Branson when the City is ready to take you in, then we would not prohibit the use of “Branson” in your name.
Please contact my office so that we can discuss this situation more fully. I look forward to hearing from you in the very near future.
Sincerely,
Paul D. Link
City Attorney
Cc:
Louis E. Schaefer, Mayor
Terry Dody, City Administrator
Board of Aldermen
Retyped from original copy by the Ole Seagull on Oct. 6, 2006