Breeders' Cup Receives Favorable Ruling Against JMG

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A California judge has issued a temporary restraining order and preliminary injunction precluding Jockeys International Management Group from continuing with plans to allow jockeys it represents wear advertising at this year's the Breeders' Cup World Thoroughbred Championship races on Oct. 25 at Santa Anita.

In his ruling Tuesday, Superior Court Judge David P. Yaffe set a date of Oct. 28 -- three days after the Breeders' Cup -- for a hearing on the suit filed by Breeders' Cup against JMG.

In the meantime, Yaffe's order said JMG and its employees or representatives are precluded from:

-- "Offering or accepting contracts for the display of advertising or logos on the apparel of jockeys" participating in the Breeders' Cup;

-- "Offering, soliciting, or selling contracts for jockey sponsored apparel rights or sponsorships" for this year's Breeders' Cup;

-- "Representing to any potential sponsor or advertiser that they have any authorization, right, permit, or license with Oak Tree Racing Association, the California Horse Racing Board, or Breeders' Cup Ltd. to solicit, contract to sell jockey sponsored apparel rights or sponsorships" for Breeders' Cup Day;

-- "Facilitating the display of any advertising or logos of any person or commercial entity, except as explicitly authorized" by Breeders' Cup Ltd. on the apparel of any jockey participating in this year's Breeders' Cup Day.

The Breeders' Cup suit seeks to enjoin JMG from copyright infringement of Breeders' Cup marks. Breeders' Cup Limited contends that JMG has engaged in the unauthorized use of its copyright-protected property to solicit advertising for jockeys it claims to represent.

The Breeders' Cup contends that the sales materials of JMG indicate that this advertising would be worn and displayed as part of the nationally televised event in violation of the regulations promulgated by the California Horse Racing Board.

Advertising on jockey apparel is allowed in California, but the rule was suspended in April for Breeders' Cup Day, CHRB spokesman Mike Marten said.

A cease and desist letter has been sent to JMG. According to a statement released by Breeders' Cup Limited, the jockey group has not complied.

Breeders' Cup officials feel that JMG is engaging in misleading and improper conduct, using name and marks of the Breeders' Cup for its own commercial purposes.

According to the statement, Breeders' Cup officials feel that a failure to act could encourage ambush marketing that would be damaging to the interests of legitimate Breeders' Cup sponsors.

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