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Post by GlitterBro #2 on Jul 31, 2024 15:56:53 GMT -5
Just actually re-read this. It appears Del is upset about Trademark infringement (not copyright). If he never filed a federal or state trademark for "Fall Classic", he can't really issue a cease and desist. I did a quick check in trademark databases for Federal and PA and no registration for this exists referring to scholastic basketball...just MLB in the federal database.
I hope Josh actually files it for himself (simple paperwork and small fee) and then makes Del stop using it with regards to scholastic basketball in the tri-state area.
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Post by hykos1045 on Jul 31, 2024 16:04:11 GMT -5
One trademark that is usually enforced is "super bowl." Which is why many commercials reference "the big game" to avoid a lawsuit. Incidentally, Mr.Wilson, you do not "own" this trademark without a reference number, and MLB does since at least as far back as 1993, maybe longer. But while there is not a whole lot of space in the high school basketball market for separate events called the same or near identical names... yet there is should be enough room for the two of you to work this out amicably. After all, it is a friendly business. trademarks.justia.com/742/65/fall-74265679.html |
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Post by hykos1045 on Jul 31, 2024 16:05:29 GMT -5
Now it feels like we're piling on ...sorry for the duplicate post.
We really just need something to talk about.
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Post by GlitterBro #2 on Jul 31, 2024 16:12:22 GMT -5
Explorer Town - covering topics ranging from logos on flooring, seating charts, art sales, COVID responses, politics, trademark law, Glorydays' immigration to Marcus Hook, and occasionally basketball related topics.
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Post by calsufan on Jul 31, 2024 17:45:31 GMT -5
Explorer Town - covering topics ranging from logos on flooring, seating charts, art sales, COVID responses, politics, trademark law, Glorydays' immigration to Marcus Hook, and occasionally basketball related topics. That's a good point. When the hell is Glorydays moving to Marcus Hook? It can't take that long to sell a house. |
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Post by glorydays on Jul 31, 2024 20:50:43 GMT -5
I tried to buy in the Hook but was rejected because I had too low of a social status. Damn snobs up there in the Hook!
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Post by theneumann64 on Jul 31, 2024 21:51:14 GMT -5
I think Del needs a lesson in copyright law. It's been used for over 100 years by Major League Baseball to describe the World Series, the first instance of which being in 1912. Great World Series that year- Giants and Red Sox. Read a great book about a few years back. Rumors one of the games was thrown. |
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Post by GlitterBro #2 on Aug 1, 2024 7:36:38 GMT -5
I tried to buy in the Hook but was rejected because I had too low of a social status. Damn snobs up there in the Hook! We tend to be fairly elitist in Delco... |
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Post by crayzeeguy on Aug 1, 2024 12:04:20 GMT -5
I tried to buy in the Hook but was rejected because I had too low of a social status. Damn snobs up there in the Hook! We tend to be fairly elitist in Delco... Please cease and desist… your usage of DELco to describe something, anything in this region is not protected by copyright, trademark, or bird law. |
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Post by golasalle on Aug 1, 2024 15:16:02 GMT -5
Just actually re-read this. It appears Del is upset about Trademark infringement (not copyright). If he never filed a federal or state trademark for "Fall Classic", he can't really issue a cease and desist. I did a quick check in trademark databases for Federal and PA and no registration for this exists referring to scholastic basketball...just MLB in the federal database. I hope Josh actually files it for himself (simple paperwork and small fee) and then makes Del stop using it with regards to scholastic basketball in the tri-state area. You are absolutely wrong about this. You do not need a federal registration to protect trademark rights. There is such a thing as common law trademark rights that can be enforced if you can prove prior usage. It is advised, but unnecessary, to file federal registration to enforce your rights. It is, potentially, more difficult to enforce common law trademark rights but they can absolutely be enforced with the necessary evidence. I can't speak to the merits of Del's case because I don't know the facts, but to dismiss it for lack of registration is incorrect. Also, your example of MLB and the World Series (R) is irrelevant because they are different events and sports altogether. |
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Post by GlitterBro #2 on Aug 2, 2024 6:26:15 GMT -5
Just actually re-read this. It appears Del is upset about Trademark infringement (not copyright). If he never filed a federal or state trademark for "Fall Classic", he can't really issue a cease and desist. I did a quick check in trademark databases for Federal and PA and no registration for this exists referring to scholastic basketball...just MLB in the federal database. I hope Josh actually files it for himself (simple paperwork and small fee) and then makes Del stop using it with regards to scholastic basketball in the tri-state area. You are absolutely wrong about this. You do not need a federal registration to protect trademark rights. There is such a thing as common law trademark rights that can be enforced if you can prove prior usage. It is advised, but unnecessary, to file federal registration to enforce your rights. It is, potentially, more difficult to enforce common law trademark rights but they can absolutely be enforced with the necessary evidence. I can't speak to the merits of Del's case because I don't know the facts, but to dismiss it for lack of registration is incorrect. Also, your example of MLB and the World Series (R) is irrelevant because they are different events and sports altogether. You are correct about common law trademark rights. However, if Del were to being a civil suit on this, he would have to show economic harm to his use of "fall classic" through Bracy's use of it. I would imagine that would be difficult to prove, particularly since, as Joe pointed out, Del's is a boys tournament and Bracy's is a girls tournament. If he were to have registered this trademark either federally or with the state, he has a higher level of protections on it and wouldn't have to show economic harm for enforcement actions. Whether this registration could actually happen is a separate matter. The Lanham Act provides means for trademarks considered overly generic to be rejected. MLB case is not irrelevant. It provides precedent for this maybe not being overly generic. I also wouldn't want to go against MLB lawyers in court. They would bankrupt Del. Cease and desist letters also have their own rules about them, and recipients are supposed to be offered a reasonable time frame ... typically 10 days or more...to respond. Del gave him 3 which is unusual. Del's letter, posted publicly, could be viewed as harassment, and in particular, his second from last paragraph could also be seen as harassment and a veiled threat. If this were to end up in a suit, a reasonable judge will likely not take kindly to that, and Bracy could countersue for harassment and threats. I can't imagine the brand equity of "Fall Classic" for local high school basketball is worth any of this nonsense and legal fees from Del. |
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Post by JoeFedorowicz on Aug 2, 2024 8:21:10 GMT -5
Josh Verlin runs the website. Aaron Bracy has a St Joe’s book out in a month. I’m an admin on this forum. We used to all work together over ten years ago for a site that was eventually bought by a pornography distributor.
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Post by GlitterBro #2 on Aug 2, 2024 8:45:34 GMT -5
my bad. Not sure why I was thinking Bracy...meant Verlin.
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Post by theneumann64 on Aug 2, 2024 8:48:59 GMT -5
Josh Verlin runs the website. Aaron Bracy has a St Joe’s book out in a month. I’m an admin on this forum. We used to all work together over ten years ago for a site that was eventually bought by a pornography distributor. Did you guys get any porn out of the sale? |
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MisterD
The Baptist Himself
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Post by MisterD on Aug 2, 2024 8:59:04 GMT -5
Huge dispute over rights to the term "Big 5".
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Post by calsufan on Aug 2, 2024 10:10:45 GMT -5
Huge dispute over rights to the term "Big 5".  |
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Post by JoeFedorowicz on Aug 2, 2024 10:21:52 GMT -5
Josh Verlin runs the website. Aaron Bracy has a St Joe’s book out in a month. I’m an admin on this forum. We used to all work together over ten years ago for a site that was eventually bought by a pornography distributor. Did you guys get any porn out of the sale? Just the occasional social media question about why a saved url no longer has some story about Langston Galloway or something. |
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Post by GlitterBro #2 on Aug 2, 2024 10:23:07 GMT -5
Did you guys get any porn out of the sale? Just the occasional social media question about why a saved url no longer has some story about Langston Galloway or something. What was ...the...uh...URL. Um..asking for a friend.... |
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