In olden days, a disagreement between a sheriff and a local group of cowboys might play out like a John Wayne movie, conjuring images of bandanas and dusty saloons. However, a modern legal dispute has arisen between the Navajo County Sheriff’s Office (NCSO) and their former ancillary group, the Navajo County Sheriff’s Posse, Inc. run by Mark Reynolds. Reynold’s group, after being stripped of its affiliation with the county earlier this year, has filed a motion for a preliminary injunction against the county through Attorney Alex Vadula with the Vakula Law Firm, alleging trademark infringement and unfair competition.
The conflict centers on the use of the “Hashknife” brand and the organization of the annual Pony Express Ride, where riders carry mail by horseback over 200 miles from Holbrook to Scottsdale, an event that began in the 1950s, with the NCSO search and rescue organization. Reynold’s group has descended from that organization but in 1984 Reynolds formed his own non-profit for the organization, thus benefitting from contributions received. The organization has not been a certified search and rescue operation with NCSO for over 10 years.
Reynolds asserts that his organization had exclusive rights to several trademarks and tradenames, including “Hashknife Pony Express” and the Hashknife brand, which they claim to have used continuously for decades and registered with the Arizona Secretary of State.
According to court documents, former members Gregory Long, Scott Self, John Wehrman, and Robert Black left Reynold’s group earlier this year and formed new entities under the authorization of the Navajo County Sheriff’s Office. These entities include the Navajo County Hashknife Sheriff’s Posse Search & Rescue and the Navajo County Hashknife Sheriff’s Posse Pony Express Ride. Reynold’s group alleges that the county is using identical or confusingly similar names and marks to pass themselves off as the “original” organization.
A letter dated April 18 from Navajo County’s Deputy County Attorney Brandt Clark to Reynolds’ attorney further outlines the county’s position. The letter states that the NCSO is “assuming full responsibility for all search and rescue operations within our jurisdiction, effective immediately,” and that it intends “to dissolve any affiliation the Navajo County Sheriff’s Office has with the Posse and Hashknife.”
The county attorney emphasized that under Reynolds’ leadership, the posse has “moved away from being a search and rescue organization” and is “not considered a viable search and rescue organization.” The letter also highlights serious allegations, including that the Posse’s policy to “ban female riders from participating” in the Pony Express Ride is “not only discriminatory, but also illegal under both federal and state laws.” Citing potential violations of Title VII of the Civil Rights Act of 1964 and the Arizona Civil Rights Act, the county expresses that it, “cannot continue to have a relationship with an organization that does not adhere to these principals.”
Furthermore, the letter raises concerns about possible misuse of corporate funds and assets, suggesting that actions by Reynolds and the Posse “may warrant an examination of the corporate structure, particularly in the context of legal liability.” It warns that such actions could “justify piercing the corporate veil,” potentially exposing individuals to personal liability and losing the nonprofit’s tax exempt status.
Following the termination, the NCSO established a new posse, granting them authorization to conduct search and rescue operations and organize the Pony Express Ride. The county has since received from the City of Scottsdale and the Town of Payson for the upcoming 2025 event, using the name “Navajo County Sheriff’s Posse Pony Express Ride.”
Reynolds’ group contends that the county is trying to pass it off as though the new group is a continuation of his group and is therefore infringing on their copyright.
Evidence presented includes an advertisement placed by the county on April 24 and an article, both published in The Tribune, which according to the lawsuit implies that the new group is a continuation of Reynolds’ group. The advertisement announced: “Become a member of Hashknife Posse. The newly organized Navajo County Hashknife Sheriff’s Posse is under new leadership and is currently recruiting members.” Reynold’s group contends that such actions are causing significant confusion among sponsors, donors, volunteers, and the general public. That confusion might lead to the county’s search and rescue team getting funding that would otherwise have gone to Reynolds’ group.
In response, the Navajo County Hashknife Sheriff’s Posse’s attorney, Erik Stone of Jones, Skelton & Hochuli P.L.C., contends that Reynolds’ group does not possess exclusive rights to the Hashknife brand. Pointing out that the brand wasn’t even owned by the county in the first place. The original license to use the Hashknife brand was granted as a “non-exclusive, royalty-free license” by Babbitt Ranches, meaning others could also be permitted to use it. It was also argued that terms like “Hashknife” and “Pony Express Ride” are generic and hold significant historical and cultural meaning in Arizona, thus not subject to exclusive trademark protection.
Additionally, the Navajo County Hashknife Sheriff’s Posse legal representative asserts that any confusion is the result of Reynolds’ group’s continued unauthorized use of the Sheriff’s Office’s name and insignia after the termination of their affiliation. Sheriff David Clouse emphasized that Reynolds’ group was instructed to cease using “Navajo County Sheriff’s Office” in their name and materials to prevent public confusion.
Reynolds’ group maintains that they have built considerable goodwill and recognition associated with the Hashknife brand over the years. They cite their longstanding annual events, participation in major parades, significant sponsorships, and monuments erected in their honor as evidence of their established presence and the strength of their trademarks.
As both parties await the court’s decision on the preliminary injunction, the outcome of the legal battle will have significant implications for one of Holbrook’s most cherished traditions and organizations. The county’s authorized search and rescue group will be hosting their ride on Jan. 29 and donations to that organization will go to benefit search and rescue in the region.
