Short response:
Autobahn was using schools' names for its commercial benefit, without schools' authorizations, as all league races were held at fee-collecting Autobahn, IIUC, not at any schools, not at competitor tracks.
Trademark, servicemark, and any similar intellectual property issues are irrelevant here.
If schools questioned Autobahn about use of name, that may have been a factor in JW's departure from Autobahn. moo, jmo, imo.
_________________________________________________________________________
Loooooong response (now w extra hair-splitting, LOL):
Somebody (JW and/or other Autobahn employee?) set up a website
http://www.mdvarsitykarting.com/ discussing "...t
he Maryland High School Varsity Karting Championship. The only racing series exclusively for Students to represent their High School in the first ever Varsity Karting State Championship!" This website did not reference "Autobahn" a commercial track, perhaps trying to imply that teams are school sponsored? Autobahn website does not refer to MD High School Varsity Karting League (not that I found)
.
My understanding is that, with 'Varsity" in the name,
some ppl believed these teams were school sponsored/sanctioned and were subject to auth of Maryland Public Secondary Schools Athletic Association
MPSSAA http://www.mpssaa.org/ whose membership is "...
made up of public high schools ...
One goal is to
"promote and direct public high school interscholastic activities .... 199 public high schools,...in 24 sports.
The MPSSAA derives its authority from the Maryland State Department of Education and the 24 local school systems." Note: MPSSAA membership does not include private schools, like karting league's membership. bbm
On mpssaa.org, I did not see indications "Varsity" as having trade-mark,
service-mark protection.
Could have missed it, but I don't see any likely intellectual property protection violation, but IANAL.
Have some ppl confused IP topic w
appropriation of name of another for business purposes, like a cosmetic company claiming an actress uses it skincare products, without actress authorizing the claim?
The karting site makes many stmts like these:
- "
Student will represent their Schools, including team uniforms, team practices, and team awards." - "
Students ... represent their schools on the race track.... we will crown the Maryland High School Varsity Karting State Champion."
- "
... meet the racers that represent your school."
Common sense:
Can a private company hold tryouts for teams and select racers - then lawfully claim the racers
represent a school - rather than allowing a school to decide on composition of team?
Autobahn did. "
If you are a current Maryland High School student and would like to join the league, we are holding open Try Outs for on January 6th and 7th, from 4pm to 10pm each day. All students will be assessed on skill, attitude and enthusiasm."
When h/s racer is injured at league event, where do parents place blame (despite venue waivers)? At feet of school, which was aware of its name being used in promoting league, but which did no due diligence about the business, its racing casualty history, and lawsuits, maybe sexual harassment, etc. <---hypothetical, purely a theoretical possibility.
The
league appears to be an Autobahn marketing program using schools' names, implying schools had officially approved it, imo, moo, jmo. May or may not have relevance to JW's departure.
JM2cts, could be all wrong.