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Use It or Lose It


GeauxSioux

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So to meet the terms of the agreement we have to retire and protect the logo.

But the only way to protect the logo is to use it.

But using it means it's not retired.

ScottM: I'll save you the trouble --> The lawyers are back car shopping. ;)

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So to meet the terms of the agreement we have to retire and protect the logo.

But the only way to protect the logo is to use it.

But using it means it's not retired.

ScottM: I'll save you the trouble --> The lawyers are back car shopping. ;)

As I recall, the threshold for "use in commerce" is pretty low. Some companies will run ads using old, defunct marks in newspapers to meet it, even if they have no current use for the business name. UND could conceivably do something similar in an ad, or possibly even on a website.

I'm sure a few lawyers will be pricing the newest offerings from Audi and Mercedes from this affair. ;)

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I was at a local retailer yesterday looking over FIGHTING SIOUX gear, when I ran into the manager of the department. I had a discussion with him on the timeline for buying and selling FIGHTING SIOUX gear. During this discussion he told me that he had already order UND hockey jerseys for next year. He stated that the logo for next year looked kinded like a "coin with UND labeled in the center of it". He said it was "not that great". He also said that he anticipated that sales were going to be terrible. While I do not wish this fate on any business, I hope the majority of true FIGHTING SIOUX fans do not purchase the new "neutured" UND gear. I know that once the FIGHTING SIOUX gear is no longer available, I will not buy anything new for a very long time.

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UND could have a throwback jersey game like in the NFL and other pro sports. If you use it once a year that would keep the trademark alive.

That would never happen. Think of the ramifications. Noboday would buy or wear anything other than the throwbacks. Home of the Sioux would ring louder than ever during the anthem. The list could go on and on. No. They want to bury this name for ever. The thought of embrassing the history of the FIGHTING SIOUX nickname makes the anti-nickname weasels squirm!

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So, UND has to use the nickname and logo to retain the rights, which is what the NCAA settlement requires. Gosh. How's that going to work?

There's an option that nobody has brought up: UND could transfer the rights to one of the two Sioux tribes. But that means the tribe holding those rights would be in the same "use it or lose it" situation that UND is in.

I could see one of two great ironic scenarios coming out of a transfer of rights however:

- Either the alleged victims of the "hostile and abusive" nickname and logo would make a lot of money selling Fighting Sioux merchandise to UND fans. (Spirit Lake would be in the best position to take advantage of that opportunity. Imagine the wailing and gnashing of teeth at Standing Rock if that scenario played out.)

- Or, the tribe wouldn't do anything and lose the rights, which would then enable third parties to begin engaging in the very practice that the NCAA sought to avoid when it tried to force UND to keep the rights.

Thank you, NCAA.

You certainly made a fine mess of this.

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So, UND has to use the nickname and logo to retain the rights, which is what the NCAA settlement requires. Gosh. How's that going to work?

There's an option that nobody has brought up: UND could transfer the rights to one of the two Sioux tribes. But that means the tribe holding those rights would be in the same "use it or lose it" situation that UND is in.

I could see one of two great ironic scenarios coming out of a transfer of rights however:

- Either the alleged victims of the "hostile and abusive" nickname and logo would make a lot of money selling Fighting Sioux merchandise to UND fans. (Spirit Lake would be in the best position to take advantage of that opportunity. Imagine the wailing and gnashing of teeth at Standing Rock if that scenario played out.)

- Or, the tribe wouldn't do anything and lose the rights, which would then enable third parties to begin engaging in the very practice that the NCAA sought to avoid when it tried to force UND to keep the rights.

Thank you, NCAA.

You certainly made a fine mess of this.

So what happens if UND loses the rights to use it? I mean is that really going to affect the fans?

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So what happens if UND loses the rights to use it? I mean is that really going to affect the fans?

The "secondary" market for pre-ban Sioux gear looks like a good retirement bet. ;)

There's an option that nobody has brought up: UND could transfer the rights to one of the two Sioux tribes. But that means the tribe holding those rights would be in the same "use it or lose it" situation that UND is in.

Maybe instead of messing with the NC$$, Carlson's bill should mandate that UND/the Board transfer all rights and interest in the Sioux name/logo to the Spirit Lake band and let them use/lose the IP rights accordingly. They'd probably make a killing, at least in the short-term.

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