Benny Baker
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Posts posted by Benny Baker
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Just now, The Sicatoka said:
But that didn't work with the interlocked ND and Notre Dame's TM on it.
Presumptive standard
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8 minutes ago, The Sicatoka said:
As Frozen4 pointed out in the jersey thread, UND claimed "first use" on the interlocked ND but "Our Lady of South Bend" was first to TM. "Our Lady" owns it no matter UND's "first use" claims.
First to use > first to file is the presumptive standard in America though, right? This is why UND’s position is that it always owned the trademark and Nodak LLC never did.
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Just now, The Sicatoka said:
Missed by that much ... whew ...
You missed the point, which is that Nodak clothing is not a novel idea in North Dakota and was, in fact, a trademarked name several—meaning 2 or 3 but not many—years ago.
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6 minutes ago, The Sicatoka said:
You have got to be kidding me.
Looks like that is "Inactive - Involuntary" since 01/06/2022.
https://firststop.sos.nd.gov/search/businessJust to be clear, by “several years ago”, I meant the date it was registered in 2018. But correct, it went inactive earlier this year.
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Mentioned this to someone the other day, but putting “Nodak” on green, black, and white hockey-centric clothing isn’t really a novel idea here in North Dakota: https://m.facebook.com/100042171531851/
After all, “Nodak Apparel” was a registered ND trade name several years ago.
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3 minutes ago, The Sicatoka said:
The article says the LLC surrendered rights to UND:
Thanks! Didn’t see that in the herald article!
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6 minutes ago, Goon said:
I think this is what you're referring to.
“Dodds says the rights have been acquired by UND through the mark’s use over many years”.
I didn’t read where UND acquired the mark from Nodak LLC, though????
When the dust settles, we’ll all see that the agreement was not an assignment of the trademark from Nodak LLC to UND, which is why there is no financial transaction; but rather, a hold harmless agreement.
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2 minutes ago, Blackheart said:
Isn’t an important aspect of his job predicated on the relationship with the coaching staff?
I think that’s Schloss’ shortcoming. He’s the media. He supposed to be “the enemy”. (Almost famous). He writes puff pieces for the Sioux instead of being critical. For example, UND didn’t play bad, they ran into a hot goalie. Or, UND only recruits “character” guys, while completely dropping the ball on the Mitchell Miller scoop.
Speaking of scoops, anyone notice how Schloss tweets about new commitments about 10-15 minutes after it hits the threads here? It’s almost as if you guys are his recruiting sources….
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Just now, SiouxHawkGuy said:
UND hockey has to be one of the only schools with completely blank helmets. Looks ridiculously dumb
Take a lift from soccer. Put 8 stars on the side of their helmet and add number 9 after April.
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The full "Fighting Sioux" name never made it on a hockey jersey either. Most seasons the word "Sioux" was also absent. And truthfully, from 1964-1993,* the hockey team was the only athletic program to wear the "Blackhawk" logo whereas every other program was using the interlocking ND and Geometric logo.
Seems to me that there's always been a "hockey only identity" but its only recently that a certain subset of folks have chosen to complain about it.
*Correction, if I recall, we had home whites for a few years in the 70s with the ND, but I still stand by the point.
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8 minutes ago, Walsh Hall said:
I'll throw my guess as to what happened...
UND's attorney was of the opinion that NODAK, as presented on the jersey, did not need to be trademarked. Jersey's made. Berry's daughter obtained trademark and has received nothing from the University. The motivation behind obtaining it, I have no idea.
I see no way that Berry would facilitate payment to his daughter for this. That is so clearly a conflict, and I just don't believe it's in his nature at all to do something so stupid.
Until I see proof, this is my take too. It is such an obvious conflict and so outrageously stupid to try to pull off, that I have a really hard time believing that was the intent and motivation here.
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6 minutes ago, The Sicatoka said:
Too many open questions.
#jerseygate or is it nodakgate?
Yes, a lot of open questions needing answers.
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14 minutes ago, UND08 said:
I'd assume that Port wrote this article with pending FOIA requests to determine how much money has been paid to the Berry's for this trademark.
This will likely get worse before it gets better...Heads roll over this kind of crap a lot...
I want to know motivations and intent. If the Berrys' intended to register the trademark with the motivation to leverage a buyout later on, then I might join the "Fire Berry" crowd because that shows a complete absence of common sense and ethics.
But, I am willing to hear the situation out first....
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On 10/18/2022 at 11:19 AM, nodak651 said:
Do you know where I might be able to find that agreement online?
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Wasn't it back in the 1990s when the Baker/Wanless administration wouldn't let the hockey team put a Sioux logo on their jersey for a couple seasons? If the hockey team is now calling 100% of the shots on their uniform, can someone explain how this change in uniform control occurred? Or, more generally, who is responsible for uniform control at UND?
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2 hours ago, siouxkid12 said:
I know the cool and hip things these days with younger kids is "retro" clothing but all you have ever known UND or the hockey team as is "North Dakota" or "Fighting Hawks". Why spend money on an ugly counterfeit jersey that you have no ties to?
Guessing it's partly because they're cheaper than the ugly replica jerseys currently for sale.
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FWIW, Tambo left under Hakstol and his 7 points tied for the lead in Olympic scoring last year. (No current NHLers but former Sioux/NHLer Corban Knight had 3 points for comparison). Wilkie’s 23 goals his senior year would have easily led UND.
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Kleven needs to get to Ottawa ASAP and cement his role before Tychonick takes his top six minutes up there next year…..
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31 minutes ago, KCSioux said:
I know for a fact 6 figure NIL deals were in play for college baseball players to portal to SEC schools last summer. If that is happening in that niche sport I’m sure it is going on or will start to happen for hockey.
Right. That’s where I fear NIL + transfer portal could screw UND. What’s to stop the exponentially larger Michigan grad/booster population from paying a Kawaguchi/Gaber/4-year type player $500k for “appearances” through an NIL contract to transfer to Michigan their last year(s) of college …
And yeah, $500k is the logical extreme, but Minnesota’s highest paid athlete in 2021 was a wrestler who made his through an appearance. Each scholarship Texas Longhorn lineman gets $50k a year for appearances. So I see where this is headed.
It’s almost as if UND could leverage an Engelstad-type relationship to further it’s NIL prospects, but who knows.
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Just now, SiouxScore said:
When I say Minnesota's NIL I'm talking about the collective that a group started there. It isn't directly with the school no. Minnesota's is called Dinkytown Athletes and I think they have another but I can't remember the name.
Gotcha. Sounds like Minnesota has several NILs started then.
Can anyone name one of UND’s?
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On 11/11/2022 at 10:03 AM, Benny Baker said:
Important to remember that NIL has only been around since July 1, 2021 though.
I think this is worth repeating.
For anyone not concerned about NIL, I fear that is the same mentality UND had when it neglected to transition to DI when a few other Dakota schools did.
Keep up with the joneses or expect to fall behind …
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29 minutes ago, SiouxScore said:
I don't think NIL is near as big of factor in college hockey recruiting as a lot of people think. The NIL focus is going to football and basketball primarily from boosters. At a place like Minnesota it finds it way to some hockey but I know Minnesota's NIL is still kind of getting its feet wet and not real solid yet. The top guys that are hyped coming in like a Cooley, Eichel, or thinking back to a guy like Toews or Kessel are probably getting NIL deals from hockey companies no matter where they go. If you think boosters at Michigan, Ohio State, Penn State, Michigan State, Arizona State, etc. are focused on getting their money to hockey recruits you'd be disappointed to find out where hockey is on their priority list.
What do you mean “Minnesota’s NIL”? My understanding is that NILs need to be independent (at least financially) from the school. This is why most people are concerned that NIL will serve to benefit the Big 10/larger schools the most because they pump out 50k grads a year.
That is why Michigan already has NIL programs like:
-the licensing and apparel agreement with the Brandr Group
-the Victors Exchange program that matches businesses with student athletes
-the champions collective, see above
-Wolverine+, the sports subscription program that pays players.
Hell, every Florida Atlantic female athlete is getting paid by the Florida Panthers.
So the idea is not that FAU, Michigan, Minnesota, or even North Dakota would be paying their players. Instead, we need someone with the initiative to set up an exchange where:
-Jeff Tellman pays Gaber to send out tweets every Friday night to promote Grinders after the Game
-Wes Rydell pays Kleven to star in a commercial promoting Rydell Chevrolet
-[current siouxsports.com user/business owner] pays [that recruit they’re really hoping UND gets] to promote their business.
Like the folks at Michigan, can anyone tell me what UND is trying to do to get ahead of the game in NIL?
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13 hours ago, Benny Baker said:
Important to remember that NIL has only been around since July 1, 2021 though.
11 hours ago, tnt said:But can you do better than all the first round draft picks BU has had in their lineup?
The conversation was about NIL …
But yeah, to answer your question and to bring the conversation full circle back to where it started with Aiden Park and Michigan, last year’s Michigan team had the NCAA record for first round draft picks, not any BU team.
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12 hours ago, tnt said:
That’s why BU is always beating out Duluth and Mankato. Oh, wait…
Important to remember that NIL has only been around since July 1, 2021 though.
The "NODAK" Trademark
in Community
Posted
Don’t give the Berry daughters the idea to register Hawks LLC and trademark the word “Hawks” though.