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IRVINE, Calif., Dec. 15, 2006 - The Motorcycle
Safety Foundation filed a lawsuit against Oregon State University,
its president, and also against Stephen Garets, both individually
and in his official capacity as director of the Team Oregon
Motorcycle Safety Program of OSU, charging the parties with
copyright infringement and violation of the MSF's rights under the
Lanham Act.
The suit, filed in United States District Court for the Central
District of California, alleges that the defendants willfully
misappropriated the MSF's motorcycle safety and training
curriculum materials in connection with the development and
publication of Team Oregon's Basic Rider Training (BRT) curriculum
materials, and prepared derivative works based on the MSF's
copyrighted curricula. It also alleges that the defendants have
sought to distribute the misappropriated curriculum outside the
state of Oregon.
The suit further alleges that the defendants falsely associated
the MSF with, and identified the MSF as an endorser of, the Team
Oregon BRT, and that, in naming the BRT, they infringed on MSF's
service marks in its current curriculum, the RiderCourseSM(BRC).
The suit seeks to permanently enjoin the defendants from using
the Team Oregon BRT, or any other product that infringes upon the
MSF's copyrights, as well as from marketing or offering the Team
Oregon BRT to other states or entities, and from making false
endorsements.
"The MSF attempted on multiple occasions to resolve these
issues without a lawsuit, but Oregon State University and Mr.
Garets were unwilling to stop their unlawful conduct," said
Stuart Philip Ross, an attorney with the law firm of Ross, Dixon
& Bell, LLP. "After Team Oregon began attempting to
market, distribute and offer the BRT curriculum materials to
motorcycle safety programs in other states, and it became clear
OSU would not prohibit this activity, the MSF had no choice but to
take legal action to protect its intellectual property
rights."
"The MSF has worked with the state of Oregon in connection
with motorcycle safety training and policy for more than 20 years,
and continues to support Oregon motorcyclists," said Dean
Thompson, director, communications of the Motorcycle Safety
Foundation. "The MSF currently works with the Oregon Division
of Driver and Motor Vehicle Services on licensing issues. In fact,
the MSF granted permission to Oregon, as it has to other states,
to use content from MSF's Motorcycle Operator Manual in the
2005-2006 Oregon Motorcycle & Moped Manual."
"This is the first time in its history that the MSF has
initiated legal action," Thompson said. "We would prefer
to focus on our mission of making motorcycling safer and more
enjoyable. But if an organization does not protect its
intellectual property rights, it can lose them. The MSF does not
object to another entity developing a different basic riding
curriculum. However, the MSF does take issue with any entity that
takes a shortcut by misappropriating the MSF's curriculum and
misrepresenting it as its own."
The MSF has been developing and maintaining high quality,
research-based rider education and training curricula to best meet
the safety-related needs and interests of the motorcycling
community for more than 33 years. The MSF invests significantly in
the scope, quality and continuous improvement of its rider
education and training system curricula, applying decades of
experience and the intellectual rigor of experts immersed in
motorcycle training and educational best practices. MSF RiderCourses
are currently being used to train motorcyclists in all 50 states
by a variety of entities such as state programs, the U.S.
Military, the Department of Homeland Security and private
organizations.
About the Motorcycle Safety Foundation
Since 1973, the MSF has set internationally recognized standards
that promote the safety of motorcyclists with rider education
courses, operator licensing tests, and public information
programs. A not-for-profit organization sponsored by BMW, Ducati,
Harley-Davidson, Honda, Kawasaki, KTM, Piaggio, Suzuki, Triumph,
Victory and Yamaha, the MSF's mission is to make motorcycling
safer and more enjoyable by ensuring access to lifelong quality
education and training for current and prospective riders, and by
advocating a safer riding environment.
The MSF works with the federal government, state agencies, the
U.S. military, and others to offer training for all skill levels
so riders can enjoy a lifetime of safe, responsible motorcycling.
More than 3.5 million motorcyclists have taken MSF RiderCourses.
Annually, some 350,000 students are enrolled in training with
MSF-developed curricula at nearly 1,500 MSF-recognized sites.
Currently, about 7,800 MSF-certified RiderCoaches provide
instruction, all of whom receive specialized training from more
than 200 MSF-certified RiderCoach Trainers.
More information about the MSF can be found on its website at www.msf-usa.org.
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