Quote:
Originally Posted by AlsoEligible
State law mandates that the Preakness has to be run at Pimlico, with the exception of a "disaster or emergency" that forces it to be run elsewhere. This was always going to be a sticking point with moving the race to Laurel. I think TSG was hoping that the legislature would work with them and just change that law, but that seems to be out the window now.
So if the city won control of the track, for all intents and purposes they would also own the Preakness, because TSG by law couldn't run that race (at least under that name) at Laurel.
But none of that would stop TSG from just setting up a new race in mid-May at Laurel called "The Frankness", and the rest of the industry agreeing that "yeah this is the second leg of the TC now".
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That "state law" is preempted by federal trademark law, which permits a trademark owner to use the mark in commerce anywhere in the geographic region of exclusive use. It also possibly violates the takings clause as well.
Indeed, if that law WERE enforceable, Baltimore wouldn't be trying to seize the track. They would just seek an injunction.
And it isn't the industry that matters here. It's the contracts with the other TC tracks and NBC. They define the TC. And the City of Baltimore cannot make itself a party to those agreements, and they can't seize the Preakness trademark either.
