TaylorMade

Seattle Kraken sued by local dive bar

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22 hours ago, DG_ThenNowForever said:

 

A friend of mine back in high school couldn't return a CD he bought called "Picking on Jimi." He thought it was a Jimi Hendrix compilation; it was instead banjo covers of Jimi songs.

 

Maybe that sounds cool now, but now when you're a broke teenager and CDs cost $17.

Also this famous case of buyer's remorse:

s-l500.jpg

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7 hours ago, MDGP said:

So clearly a lot of you don't know anything about trademark law or how it's different from copyright law. Defending your trademark isn't optional like in copyright law. In copyright law you have the ability to just ignore infringement and you don't lose the right protect it in other situations.

 

Under trademark law you are required to actively defend your trademark from EVERY case of infringement or risk if becoming genericized and losing it. That's why the Olympic Committee is so harsh on public schools using it, because if they don't then they will lose the trademark. That was a trade name for moving staircases. If you have a  and you want to keep it, it doesn't matter if you come across as petty or mean or evil, you MUST defend it. For instance, ever heard of an escalator? That was the trade name for moving staircases. It became genericized and Otis Elevator Company lost its trademark on the term.

 

Genericide is only a concern for a tiny fraction of trademarks. It's not like the Seattle Kraken are at risk of the word Kraken in connection with hockey becoming genericized. And the bar isn't worried about the work Kraken in connection with bars becoming genericized. The biggest issue for either would be laches, which would prevent them from suing down the road.

 

And it's not like you can ignore infringement in copyright, either: "No civil action shall be maintained . . . unless it is commenced within three years after the claim accrued." 17 U.S.C. § 507(b).

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Posted (edited)

Step 1: Try to get attention for your intentionally :censored:ty dive bar that you're building have had for 10 years per the Seattleite below.

Step 2: Notice a new NHL team is coming to town

Step 3: They're called the Seattle Kraken. 

Step 4: Make noise about Name your bar after them and how they stole your "original name do not steal" for cheap publicity

Step 5: Sue the NHL team so that they can release the Kraken (name)

Step 6: ???

Step 7: Profit! 

Edited by Red Comet
Edited for accuracy per comment below

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18 minutes ago, Red Comet said:

Step 1: Try to get attention for your intentionally :censored:ty dive bar that you're building

Step 2: Notice a new NHL team is coming to town

Step 3: They're called the Seattle Kraken. 

Step 4: Name your bar after them for cheap publicity

Step 5: Sue the NHL team so that they can release the Kraken (name)

Step 6: ???

Step 7: Profit! 

 

The "punk rock" Kraken bar has been open less than a decade. It's owners used to own a huge bar right outside of the football and baseball stadium that closed due to COVID; they're well aware of sports. In order to get named Kraken in 2011, you would have most certainly been influenced by meme culture of the day.

 

My point is, the Kraken Bar and Grill is acting and likely us unbelievably lame. There are noted and classic dive bars in the University of Washington area; this is not one of them.

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1 hour ago, Red Comet said:

Step 1: Try to get attention for your intentionally :censored:ty dive bar that you're building have had for 10 years per the Seattleite below.

Step 2: Notice a new NHL team is coming to town

Step 3: They're called the Seattle Kraken. 

Step 4: Make noise about Name your bar after them and how they stole your "original name do not steal" for cheap publicity

Step 5: Sue the NHL team so that they can release the Kraken (name)

Step 6: ???

Step 7: Profit! 

All they are suing is the bar in the arena having a name class to theirs. They can easily change the name of the bar and avoid the issue.

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Better yet, the team should change the name of its restaurant.  Pretty clear they’re the ones in the wrong here. 

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1 hour ago, DG_ThenNowForever said:

 

The "punk rock" Kraken bar has been open less than a decade. It's owners used to own a huge bar right outside of the football and baseball stadium that closed due to COVID; they're well aware of sports. In order to get named Kraken in 2011, you would have most certainly been influenced by meme culture of the day.

 

My point is, the Kraken Bar and Grill is acting and likely us unbelievably lame. There are noted and classic dive bars in the University of Washington area; this is not one of them.


you mean the Kraken Bar & Lounge. They’re the dive bar. “Kraken Bar & Grill” is the proposed stadium restaurant.  
 

Pretty easy to mix them up, I think we’re making the dive bar’s point for them. 😛

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Yeah I actually think the dive bar is in the right here. It's not over the name of the team, the issue is the proposed eatery inside the stadium, which is too close to the bar's name. There's a simple way to solve this issue and it's for the team to change the name of the location inside in the arena.

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14 minutes ago, Gothamite said:


you mean the Kraken Bar & Lounge. They’re the dive bar. “Kraken Bar & Grill” is the proposed stadium restaurant.  
 

Pretty easy to mix them up, I think we’re making the dive bar’s point for them. 😛

 

Maybe a letter or something.

 

It's the $3.5 million suit that is the lame part. Even lamer than your "punk rock" 2012 bar called Kraken Bar & Lounge or whatever.

 

The bar name sucks. If anything, they got a ton of publicity and an opportunity to rebrand right as Seattle opens up again.

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1 hour ago, Gothamite said:

Better yet, the team should change the name of its restaurant.  Pretty clear they’re the ones in the wrong here. 

 

They are, as stated in OP. Bar still wants $3.5M in "damages."

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8 hours ago, DG_ThenNowForever said:

It's the $3.5 million suit that is the lame part.

 

8 hours ago, TaylorMade said:

They are, as stated in OP. Bar still wants $3.5M in "damages."


I’m guessing you gentlemen have never initiated any negotiations before. 😉

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11 hours ago, Gothamite said:

Better yet, the team should change the name of its restaurant.  Pretty clear they’re the ones in the wrong here. 

That’s what I meant. I can see where the confusion can come from though.

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8 hours ago, Gothamite said:

 


I’m guessing you gentlemen have never initiated any negotiations before. 😉

 

I fully understand this is an attempt at a settlement and little else.

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2 hours ago, TaylorMade said:

I fully understand this is an attempt at a settlement and little else.


So then - where’s the beef?  They’re trying to get the hockey team to change their restaurant name.  Gotta go big to get their attention. 

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