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Frozen4sioux

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Posts posted by Frozen4sioux

  1. 19 minutes ago, The Sicatoka said:

    Given the interlock history and the agreement to maintain control of the retired moniker, shouldn't UND have expert counsel on staff or retainer? 

    But would it both shock you... and also not shock you to find out the answer to that.

     

  2. 1 minute ago, Benny Baker said:

    Haha.

    I'm not an IP lawyer, so bear with me.  (Btw, any of you around here an IP lawyer--we could use one?).  But my general understanding is that in the United States, the first person to use a trademark is the presumptive owner, not the first person to file.  I say "presumptive" because trademark litigation occurs frequently to determine who owns the trademark; i.e., the first person to use it and where it's being used; the first person to register it and where its being registered (federally or in a state); etc.

    So UND's position is that it always owned this trademark anyway because it was the first to use it.  Nodak LLC, Brianna Berry, nor anyone else was ever an owner of this trademark.  Instead, Nodak LLC simply filed a registration for it.  But since Nodak LLC was not the owner of the trademark, it apparently agreed to transfer that registration to its actual owner, UND.

    The significance of this from UND's perspective is that since Nodak LLC never owned the trademark, neither it nor the Berry's would have ever been in a position to profit off of it.

    This is also why litigation of these things gets very very messy, very costly and very time consuming...

    with little to any actual benefit in "winning" for either parparty...

     

    i.e.

     

    http://thelegalblitz.com/blog/2012/02/28/the-battle-over-the-fighting-sioux-an-ip-perspective/

    Screenshot_20221202_103232.jpg

    Screenshot_20221202_103115.jpg

  3. Just now, Green Banner said:

    At the end of the day who really cares who own what? This is a hit piece by Port and the boys in the Fargo office.

    Port was just a patzi...

    Farmed out after they tried to get this done by others.

    This hit piece came 100% from the hockey hating football faction of HAWKZI leadership in the parking lot of the Alerus.

    They've been trying to get traction for weeks and only college athletic hating Port would sleezeball themselves up enough to write it.

    They where always going to try to try tie this to the Engelstad foundation and REA as well.... 

    Even after they knew that was false... they've been hinting at it the entire forum and now are just saying it straight out.

    Walking a very very fine line by the way... "jest"... nice try bud.

    You wrote the quiet part out loud.

    Only a fool can't see the purpose behind this all now.

    • Downvote 4
  4. 15 minutes ago, The Sicatoka said:

    How would you know that? Rob? Is that really you? :D 

    You can easily know this not in what he wrote.. but in what he didnt write..  and the manner in which he went after the vaugley veiled allegations as opposed to facts.

     

    Thats the difference between a journalist and a sleezeball masterclickbaiter ..... who you all put faith into to "get someone"....

    and at the end of the day.

    What you have is a big ol burger full of ... nothing.

    A nothingburger.. .

    and now you know, the...... rest of the story.

    GoofDAY

    • Upvote 4
  5. 1 hour ago, iluvdebbies said:

    For sure he wouldn't till he had the whole story....unlike Portly.

    Yes Schloss was well aware I'd imagine

    1 hour ago, Oxbow6 said:

    No chance he didn't have wind of this a while ago. Isn't he a reporter/journalist? He seemed to be a misinformation spreading expert on everything Covid back in the day and had no problem with that.  Or does his relationship with BB and the hockey program trump his journalistic duties and just make him a lackey in the scenario?

    Or... he literally 

    22 minutes ago, Big Lubowski said:

    You seem to be saying there’s nothing to see here. Couldn’t disagree more. And even if Port didn’t know the full story—and that’s at least partly becuz UND wasn’t very forthcoming—it is news. And it has an odor. At the very least his story should get the rest of the story for those of us that aren’t otherwise in the know. 

    Port has gone after SU hard for several issues. I don’t think he was out of bounds on any of them. He’s doing his job—we need transparency from our governmental entities. 

     

    Port knew the full story...

     

    He knew exactly whatvand why he told only the one side

  6. 7 minutes ago, The Sicatoka said:

    Didn't say we owned it, just used it. (Pattern?) 

    UND claimed first use of the interlock but "Our Lady" got the first TM. Sounds vaguely familiar given the UND release tonight ... 

    History on this topic ain't great for UND. Only thing they've ever had unique and owned by TM is ... Fighting Hawks. < shrug > 

    No both the Brien logo and the geometric where very clear cut TM

    The alternate interlocking UND was also solidly owned and trademarked

  7. 26 minutes ago, The Sicatoka said:

    I do believe the interlocked ND (in one font or another) was an official logo until it replaced with the "ND hawk". 

    Not really sure you want to wade into the muddied water of trade mark on the Notre Dame interlocking UND

    Or the Blackhawk...

    It safe to say  that UND has a bit of troubled history of playing fast and loose with logos and trademarks and... 

     

  8. 3 minutes ago, SiouxHawkGuy said:

    Logo on jersey. Sioux on front of helmet

    FB62B4B6-8F2B-4711-86C7-F7B6F9431DFA.jpeg

    166BFE7F-6FFE-47B1-AEFF-9107595684C2.jpeg

    The Brien Logo was used appropriately on the jersey...

    Real question... why was Football so stubborn in refusing to use the official logo of athletics on their helmet...

    It's like the program was trying to create their own alternative identity.

    • Upvote 1
  9. 22 minutes ago, AlphaMikeFoxtrot said:

    UND says she has not received compensation. Regardless of intent, if no money exchanged hands there's nothing concrete to punish. 

    https://www.therinklive.com/mens-college/nchc/und-spokesman-says-he-is-unaware-of-any-compensation-agreements-with-nodak-llc

    Port kinda maybe inferred this.. purposely vague btw. 

    Anyone with half a brain can figure it out 

    Rink Live reporter just made it clear.

     

    Ports article loses everything if he actually told the whole truth....

    but then he wouldn't get the chance try and throw college athletics in the mud

  10. 24 minutes ago, ChrisUND1 said:

    Might look a little wonky, but I’d take anything!  I think a diagonal Hawks would look great on there if they didn’t want to put the logo.   At some point, I’d love to see a state of ND outline of some sort. Put it on the shoulders or helmet.  Show some state pride, not just UND-Grand Forks hockey program pride.  

    There's hockey outside of Grand Forks?

  11. 29 minutes ago, siouxkid12 said:

    Why is that being ignorant? Of course they made money off of it. Look at all the merchandise that has flown off the shelf with this. Nobody trademarks something like this and gives it away for free, use your head…

    What has UND paid to any license holder?

    Zero.

    Who has paid anything to any license holder?

    Nobody.

    Nothing.

    Zilch.

     

    As stated by sleezeball....

    ... buried in his attempts at character assassination...

    It's also a problem, from the perspective of the state of North Dakota, that UND began using a trademark and selling significant amounts of merchandise emblazoned with that trademark without first settling the question of ownership or licensing.

     

    16 minutes ago, petey23 said:

    What percentage do you think she was able to negotiate with apparel companies that would make NODAK merchandise?

    2-5%?

    How much Nodak branded apparel has been produced and sold? Who is selling it beside The Ralph? Who is producing it?

    What does 0% of 0 equal ?

     

    Go to Scheels and look at the tag for a NODAK sweater.

    Start there.

     

    • Upvote 2
  12. 3 minutes ago, SiouxHawkGuy said:

    UND hockey has to be one of the only schools with completely blank helmets. Looks ridiculously dumb

    It does look stupid.... I hate it.

    The Fighting Hawks logo should be on both sides.

     

    After the redesign I hope it will be.

  13. 1 minute ago, Blackheart said:

    Must be on the inside.

    What's in the heart is a hell of alot more important thats what's on the back... or front... or sides...

         -  Herb Brooks

                         - Micheal Scott

    • Like 1
    • Upvote 1
  14. 4 minutes ago, The Sicatoka said:

    Well, according to @Frozen4sioux there's a grand master 'strategery' in play. He'll explain. 

    Maybe explain yourself... or the behind the scenes moves you described trying to "expose" this....

     

    Which is kinda like leaking nudes of a playmate... hut you sure seemed like you where well"in the know" of who this was being "taken to"..

     

    you know.... before it had to be farmed out the The sleezeball Port.

  15. 25 minutes ago, MafiaMan said:

    Nice try.  How many NFL and college football jerseys have the school primary logo front and center on the chest of the jersey?  The short answer is “none,” because there’s a number there.  It’s on the UND helmet because that’s where the primarily logo is typically placed for a football team.  

    Well partially.....

    It's on half the helmet...

    If football would actually buy into the logo it'd be on both sides. 

    Hockey puts it on both shoulders.

    • Downvote 1
  16. 24 minutes ago, MafiaMan said:

    Be careful in posting this  - I believe NODAK cards are covered as “merchandise” under the trademark.  

    Fair Use Doctrine.. Educational purposes.  Ya'll been edumacated.

    8 minutes ago, siouxfaninseattle said:

    I see lots of carts in front of lots of horses. We will know more in a few days. Maybe withhold judgement until the facts are.......nah, never mind.

    That's not very internet forum of you.

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