Colonial Downs asks federal judge to dismiss lawsuit

Colonial Downs’ officials are asking a federal judge to dismiss a lawsuit alleging trademark infringement, unfair competition, and false advertising in connection with use of the Strawberry Hill Races name.

Lawyers filed a Dec. 11 response on behalf of the defendants (Colonial Downs Holdings Inc., Colonial Downs LP, Stansley Racing Corporation, and Colonial Downs LLC). In the document, lawyers deny allegations in the lawsuit leveled by plaintiffs Mildred J. Dotson and Christie D. Harrell, the mother-daughter duo that bought rights to the Strawberry Hill name. Also, lawyers are asking that Colonial Downs LLC be removed from the defendant list.

Lawyers for Colonial Downs claim the plaintiff’s suit violated federal rules for civil procedures by grouping all four defendants together as a single wrongdoer. Plaintiffs are obligated under federal rules to show “separate and distinct facts demonstrating action by each specific defendant,” they say.

“The complaint fails the threshold review for factual sufficiency to support the claims alleged and must be dismissed,” they wrote.

Lawyers for Dotson and Harrell filed suit on Nov. 13 in federal district court in Richmond alleging the defendants marketed a June 2 steeplechase event at the New Kent County track under the name Strawberry Hill Races. The plaintiffs maintain they bought the Strawberry Hill trademark on May 24 and had warned track officials by letter to abandon use of the name. Track officials failed to respond, they say.

The plaintiffs also allege that Colonial Downs has used the Strawberry Hill name to help market a similar event, dubbed the Dogwood Classic, scheduled for next April. They are seeking a jury trial and asking for all profits associated with the June 2 event.