winters in buffalo Posted August 14, 2004 Share Posted August 14, 2004 Kentucky Colonels group filing trademark suit against ABA teamEd Green Business First Staff WriterPublished: August 12, 2004------------------------------------------------------------ A Louisville nonprofit that has operated in Kentucky since the 1930s has filed a trademark-infringement suit in federal court to stop organizers of a professional basketball team from selling merchandise with the Kentucky Colonels name. Glen Bastin, chief operating officer for the Honorable Order of Kentucky Colonels, claims the owners of the planned Kentucky Colonels team of the American Basketball Association are violating the organization's trademark by selling T-shirts, golf shirts, hats and other merchandise bearing the Kentucky Colonels name. The organization named in the lawsuit is Building Champions LLC. Court filings say the organization is based in Indianapolis. Bastin said the Honorable Order of Kentucky Colonels, a nonprofit group that raises money for Kentucky charities, was given the trademark rights in February to use the name on merchandise it sells. "We don't, for instance, have a trademark on basketball teams," he said. "But they are offering items that say Kentucky Colonels." He added that circumstances are different from the 1960s and 1970s, when the former Kentucky Colonels ABA team and the nonprofit group both used the name. "It's different because today, we own the trademark," he said. "At the time of the old ABA team, the people who were involved in our old organization" didn't hold the trademark rights. "We are quite a different organization now ... and I have to protect our trademark. I can't allow our intellectual property to be usurped by someone else." In a news release, Building Champion said that it is surprised by the lawsuit and had expected "this matter to be worked out amicably." The release said it is the company's "strong position that the use of 'Kentucky Colonels' in connection with its basketball team and any related merchandise could not possibly cause any confusion." The Kentucky Colonels basketball team will begin playing in November, playing 18 home games from mid-November to mid-March at Louisville Gardens.Copyright© American City Business Journals Inc. All rights reserved.You can view this article on the web at:http://louisville.bizjournals.com/louisvil...09/daily27.html Link to comment Share on other sites More sharing options...
JamesCraven Posted August 14, 2004 Share Posted August 14, 2004 Could it be they have to change the logo and name to something that doesn't hit the misery superfecta? (Translation: Bites, Blows, Stinks and Sucks at the same time.) "I better go take a long walk off a short pier or something."Some people on this bolard have told me to do just that.My "Ron Mexico" alias is "Jon Tobago". Link to comment Share on other sites More sharing options...
NJTank Posted August 14, 2004 Share Posted August 14, 2004 GOOD!!! www.sportsecyclopedia.com For the best in sports history go to the Sports E-Cyclopedia at http://www.sportsecyclopedia.com Link to comment Share on other sites More sharing options...
Stampman Posted August 14, 2004 Share Posted August 14, 2004 GOOD!!! ditto... Comic Sans walks into a bar, and the bartender says, "Sorry, we don't serve your type here." Link to comment Share on other sites More sharing options...
pcgd Posted August 14, 2004 Share Posted August 14, 2004 I know we all hate the ABA and their logos. But that kinda sucks for the team. They were using the name from the Old ABA and all. I know they probably don't have any reason they will win, but still, it does suck. I'd bet their logo would be worse after this.peace,pc Link to comment Share on other sites More sharing options...
GeneralW91 Posted August 14, 2004 Share Posted August 14, 2004 The lawsuit doesn't require them to change the name, just not to sell merchandise with the name anymore. Personally, I feel this is a low blow for this group, many teams(little league, etc.) use the name, it's really quite common there. I was thinking perhaps the team could give them free tickets, and a cut of merchandise/ticket sales for their organization, but this is really kind of a dumb lawsuit. www.ABAsite.tk Link to comment Share on other sites More sharing options...
jlucas4092 Posted August 14, 2004 Share Posted August 14, 2004 The lawsuit doesn't require them to change the name, just not to sell merchandise with the name anymore. Personally, I feel this is a low blow for this group, many teams(little league, etc.) use the name, it's really quite common there. I was thinking perhaps the team could give them free tickets, and a cut of merchandise/ticket sales for their organization, but this is really kind of a dumb lawsuit. Hate to hijack the thread but I just checked out your ABA site. Very nice. I also like the link to the RememberTheABA.com. I'm good friends with that guy, we play ball once a week. Great stuff.</thread hijack> Link to comment Share on other sites More sharing options...
GeneralW91 Posted August 15, 2004 Share Posted August 15, 2004 Glad you like it, I may be upgrading to a .com domain soon. But back to the subject, why doesn't the team just file a patent for "Kentucky Colonels Basketball"? That would end the suit quickly. www.ABAsite.tk Link to comment Share on other sites More sharing options...
Stampman Posted August 15, 2004 Share Posted August 15, 2004 Tell that to the NFL & the Indianapolis Colts when a certain former Baltimore team tried adding "CFL" to Colts, for much the same reason--even thought the Colts had been in Indianapolis for a while... Comic Sans walks into a bar, and the bartender says, "Sorry, we don't serve your type here." Link to comment Share on other sites More sharing options...
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