Colonial Downs, Strawberry Hill owners settle dispute

A settlement has been reached in the legal dispute over the Strawberry Hill Races name involving Colonial Downs and the mother/daughter duo of Christie Harrell and Mildred Dotson, who own the trademark.

The parties involved announced the matter has been “amicably resolved” as of March 20. According to a press release from Colonial Downs, the Strawberry Hill Races are to take place starting in April 2014 and become a yearly event.

But Dotson and Harrell have announced plans to hold the 80th running of the Strawberry Hill Races sometime this fall. A date and venue have not been announced.

Colonial Downs, meanwhile, has scheduled its Dogwood Classic Races on April 6 and has announced plans to hold the event annually. There is no connection between the two racing events, the press release said, adding that both are “independently owned and operated.”

Harrell and Dotson filed suit last November in federal district court alleging trademark infringement, unfair competition, and false advertising on the part of Colonial Downs officials.

The lawsuit stemmed from Colonial Downs’ use of the Strawberry Hill name for a steeplechase event held at the New Kent County track last June and racetrack officials’ effort to stage the Dogwood Classic.

The plaintiffs claimed they bought the Strawberry Hill name for $30,510 in May, thus Colonial Downs falsely represented that the racetrack owned the name while promoting and holding the June 2 races. They said they contacted racetrack officials through a cease and desist letter mailed in late May, but received no response. The event proceeded under the Strawberry Hill moniker.

The plaintiffs also charged that racetrack officials used the Strawberry Hill name without permission to help promote the Dogwood Classic, and that track officials failed to pay several vendors associated with the June 2 races, thus damaging the reputation and goodwill of the Strawberry Hill name.

Colonial Downs officials filed a response in December, asking for dismissal of the lawsuit, and legal wrangling has taken place since. Paperwork filed in federal court on March 7 revealed the two parties had agreed to enter into settlement talks as of March 5.