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Everything posted by Mingjai

  1. If the NFL were sending cease and desist letters to get someone to stop using a logo that the NFL had scant rights to, I can see calling that bullying. But the NFL isn't doing that here. The NFL has clear rights to the original mark, and junior mark likely infringes that mark under US trademark law, so the NFL has the right and obligation to protect its rights, otherwise those rights disappear. Am I a bully if I try to prevent people from squatting on my front lawn?
  2. I hear ya. But try pointing that out on the BYU fans board and you get OK’boomered faster than it takes to incorporate a new multi-level marketing company in Utah County…
  3. I don't mind the Mets in black jerseys/hats on limited basis--after all, the Mets' colors are a blend of the Dodgers and the Giants--I just don't like when the black creeps into their other uniforms.
  4. Yep. If only it was that easy to dodge trademark infringement...
  5. I doubt the Ducks, the NHL, Adidas, or Fanatics would be using or selling anything without having the requisite formalities in place with Disney. So at the bare minimum there must be a license in place. I guess your point here is about trying to figure out the details of license--when was it signed, what does it cover, etc.
  6. I think I can make my peace with helmet ads if they are in team colors and they prevent ads ending up on jerseys. But I guess parades of horribles don't work that way.
  7. On the other hand someone might reasonably prefer good status quo to changes bad or ugly. Doing something isn't always better than doing nothing. First, do no harm.
  8. Can't wait to see how the Chicago Red Stars' branding shames the Fire's again this season...
  9. BYU fan here. Don't like it, mainly because I HATE the inverted oval-Y logo. The negative space created by the blue Y looks bad--I think it's because the Y tends to loose its shape against the white. Other than a home jersey with the collar logo, I own no BYU gear with the inverted-colors oval-Y logo.
  10. Needs more of the color "bone"... where's Nike when you need them?!
  11. It this any different than the St. Patrick's Day warmups we see from teams in cities with large Irish populations? People enjoy being represented by their favorite team.
  12. A helpful precedent for your case is CU, who uses the more ear-friendly Buffaloes when Buffalo is probably the preferred plural in American English. For what it's worth, I grew up in Yellowstone Country where elk and buffalo are pretty commonplace, and I always use "elk" and "buffalo" as the plural. Because I use elk as the plural when referring to the animal, hearing the word "elks" or especially "The Elks" makes exclusively think of the Elks Lodge.
  13. Just adding my cosign to the Cake Eater hate.
  14. I think you're confusing copyright infringement with trademark infringement. In copyright infringement, the copyright holder must show evidence of both copying and improper appropriation. Confusion has no part of an inquiry into copyright infringement. Trademark infringement on the other hand requires the trademark owner to demonstrate likelihood of confusion among consumers as to the source of the marked products (or services). Not confusion. Likelihood of confusion. Likelihood of confusion can be shown by examining several factors, including the strength of the mark, the proximity of the goods, the similarity of the marks, evidence of actual confusion, the marketing channels used, the type of goods and the degree of care likely to be exercised by the purchaser, the defendant’s intent in selecting the mark, and the likelihood of expansion of the product lines. Actually, what you've said is only partially true. While trademark plays an important part of protecting businesses, one of trademark's main purposes is to protect consumers from being deceived as to the source of the marked goods. That's why the focus in a trademark infringement is, as described above, on likelihood of consumer confusion. Remember, unlike patents or copyrights for which protection under US law derives from Congress's constitutional power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," federal trademark protection derives from Congress's power to regulate interstate commerce. Because of the demands of the Commerce Clause, trademarks must be justified as a tool to make commerce run smoother rather than as a constitutionally mandated means to promote the sciences and arts like patents or copyrights. The justification for trademarks as a means to assist commerce is that trademarks serve the two-fold purpose keep customers from being deceived and keep business owners from being harmed by competitors confusing consumers. Anyway, thanks for indulging me. As an IP practitioner, sometimes I feel duty-bound to clear up misconceptions here about IP, especially on a board for which trademark and copyright plays such an important role.
  15. He was a good scrambler who evolved into a pocket passer--his first two seasons as a starter he averaged 37 and 25 yards rushing per game.
  16. Despite the fact that some of the best scrambling QBs of all time wore number 8…
  17. The NHL from day 1 should have mandated sponsor decals must be in team colors. Not only does it look better, but sponsors would know from day 1 what they were buying in to, and fans would have reasonable expectations of what change was being made.
  18. The Twin Cities. After losing the Lakers in 1960, they gained the Twins and Vikings in 1961 and the North Stars in 1967.
  19. Actually, the thing that is not completely clear from the article is that this is not Inter Milan opposing Inter Miami's trademark. It's actually Inter Miami and MLS opposing at the USPTO Inter Milan's 2014 application to register the word "Inter" in connection with soccer matches and apparel. Because Inter Miami was used later than Inter Milan, the MLS couldn't directly claim likelihood of confusion of comsumers with the Miami mark. Instead, it needed to rely on "legitimate interest" in other prior, non-MLS uses of "Inter" in connection with soccer. The USPTO tribunal ruled that because the MLS doesn't have a legitimate interest in non-MLS uses of "Inter," it couldn't claim a likelihood of confusion. Think of it as the MLS doesn't have standing to raise likelihood of confusion of consumers over the prospective "Inter" (Milan) mark and other "Inter" marks not owned by the MLS. The MLS's final claim--i.e., that "Inter" in connection with soccer is descriptive and therefore not trademarkable--still remains at issue. This claim may struggle as well--"Inter" in its face doesn't seem to be descriptive of soccer services or apparel. Of course, if MLS fail in their opposition, the practical result will be that Inter Milan will have a registered trademark and would be able to prevent Miami from using Inter. So yeah, CF Miami is a distinct possibility. For anyone interested, the actual proceeding docs are here: https://ttabvue.uspto.gov/ttabvue/v?pno=91247160&pty=OPP&eno=25
  20. What? Weren’t Chicago or Pittsburgh available?
  21. Disagree on Coastal's field looking great under any circumstances. The field looks like old-school Astroturf (or various knock-offs), which is not a good thing.
  22. Ugh. Rival game and the Gophers don’t even wear school colors. This is a game that should be color versus color: Gophers in gold and Wisconsin in red.