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SALT LAKE CITY -- Attorneys involved in the Days of '47 lawsuit appeared in Federal Court Tuesday afternoon regarding a temporary restraining order. Attorneys for the Days of '47, Inc. said their clients had to choice but to request it because they are concerned about money, contracts and the trademark.
The disagreement relates to two of the biggest and most popular annual events in Utah are the Days of '47 Parade, celebrating the arrival of Latter-day Saint pioneers in the Salt Lake Valley in 1847 and The Days of '47 Rodeo. They were incorporated in 1943. Just days ago, the non-profit group filed a lawsuit in federal court against its former rodeo chairman, Brad Harmon.
Harmon served the non-profit since 1997, but the Days of '47 group fired him on Feb. 3, accusing him of setting up a rival rodeo organization and using the trademark.
In the lawsuit, filed in U.S. District Court, Days of '47, Inc. states "... Brad Harmon has, over the past three years, engaged in a pattern of conduct wherein he has used Rodeo, Inc., to trade on plaintiff's name and reputation, and to misappropriate plaintiff's funds, property, assets, contracts and benefits."
Tuesday, attorneys for both parties went to court for a hearing on a temporary restraining order. Judge Dee Benson rejected it, saying he did not have enough information or details to agree. He encouraged the two sides to talk.
Judge Benson set the preliminary injunction hearing for Friday, March 2nd, unless the two sides are negotiating outside of court.
"If we can work things out, obviously, we want to do that. We just felt at this point that we didn't have any other choice," said Bryan Scott, attorney for Days of '47, Inc. "So, we did what we did but we are very hopeful that we can work things out without having to come back and even have that hearing."
David Jordan, attorney for Brad Harmon agreed. "This is the kind of case that ought to get results. These aren't for-profit companies," he said. "Nobody's looking to make a buck here. Everyone is just looking to put on a great pioneer day celebration. And if everybody is focused on that as their goal, there is no reason why the parties can't work through their disputes."
As far as the Days of ' 47 events, including the rodeo, the committee members said the 2012 celebration will go forward. They plan to release a calendar in a few weeks.
