fightingsioux4life Posted August 7, 2014 Share Posted August 7, 2014 You've been zoned in on that one for a while now. You know something we don't? I think it's just the example he likes to use for this topic. It also is the stupid name he hates the most. My favorite love-to-hate name is "Green and White". Quote Link to comment Share on other sites More sharing options...
darell1976 Posted August 7, 2014 Share Posted August 7, 2014 Some seem to be arguing that any new nickname would be better than having none - I disagree, I think it depends entirely on what the new nickname choices will be. I would be satisfied if after the list of choices has been decided upon that "continue remaining only as the University of North Dakota" is added to it. Of course for that to be meaningful, those voting on it would have to be a suitably wide cross section of those with real interest in UND and its athletic programs. I fear that will not be the case - I suspect President Kelley will choose a voting populace that is sure to give him exactly the name he wants, and that there will be no real "choices" - which is to say that a safe majority of those that will be allowed to vote on the issue will be vastly more concerned with confirming their PC credentials than with what is truly in the best interests of UND and its athletic programs. Won't happen, UND will have a new nickname, this will be the last year of just being known as North Dakota, Next year it will be North Dakota (enter nickname here). Quote Link to comment Share on other sites More sharing options...
jdub27 Posted August 7, 2014 Share Posted August 7, 2014 I think it's just the example he likes to use for this topic. It also is the stupid name he hates the most. My favorite love-to-hate name is "Green and White". People (particularly sportswriters) have been calling UND that longer than you or I have been alive. Unfortunately for you, it won't go away with a new nickname. But the good news is, it also won't end up being the new nickname either. Quote Link to comment Share on other sites More sharing options...
darell1976 Posted August 7, 2014 Share Posted August 7, 2014 I think it's just the example he likes to use for this topic. It also is the stupid name he hates the most. My favorite love-to-hate name is "Green and White". Dartmouth has Big Green, and North Texas has Mean Green. Green and White is available. The things that will be up for debate is picking a name that will sell merchandise, have a mascot walking around the stadium, and unfortunately is PC (complies with NCAA rules). Quote Link to comment Share on other sites More sharing options...
fightingsioux4life Posted August 7, 2014 Share Posted August 7, 2014 People (particularly sportswriters) have been calling UND that longer than you or I have been alive. Unfortunately for you, it won't go away with a new nickname. But the good news is, it also won't end up being the new nickname either. I keep hearing this whole "Green and White has been used for years" statement, but when we used the Fighting Sioux name, people called us that, not "Green and White". The fight song was titled "Fight on Sioux", not "Fight on Green and White". The only example anyone was able to come up with was a Dean Blais quote after a game at Anchorage one year. And since it was a direct quote, that really doesn't count. If someone has the time (which I don't), maybe they could find better examples of this. Quote Link to comment Share on other sites More sharing options...
jdub27 Posted August 7, 2014 Share Posted August 7, 2014 I keep hearing this whole "Green and White has been used for years" statement, but when we used the Fighting Sioux name, people called us that, not "Green and White". The fight song was titled "Fight on Sioux", not "Fight on Green and White". The only example anyone was able to come up with was a Dean Blais quote after a game at Anchorage one year. And since it was a direct quote, that really doesn't count. If someone has the time (which I don't), maybe they could find better examples of this. If you read newspaper stories, they have referred to UND as the Green and White for decades. Announcers would make the same comments as well. Referring to a team the same way through the course of an article/store or game gets monotonous. 1 Quote Link to comment Share on other sites More sharing options...
fightingsioux4life Posted August 7, 2014 Share Posted August 7, 2014 Dartmouth has Big Green, and North Texas has Mean Green. Green and White is available. The things that will be up for debate is picking a name that will sell merchandise, have a mascot walking around the stadium, and unfortunately is PC (complies with NCAA rules). I disagree with you on this. "Green and White" belongs in the same category as "Sun Dogs", "Spirit" and "Flames". How much merchandise will we sell if our official name is "Green and White"? It's not a distinct enough brand; it's too similar to North Texas and Dartmouth. We need something that sets us apart and gives us a distinct identity. "Green and White" doesn't cut it. Quote Link to comment Share on other sites More sharing options...
fightingsioux4life Posted August 7, 2014 Share Posted August 7, 2014 If you read newspaper stories, they have referred to UND as the Green and White for decades. Announcers would make the same comments as well. Referring to a team the same way through the course of an article/store or game gets monotonous. I have been reading news stories about UND athletics for most of my life and I never saw Green and White until the Sioux name and logo were retired (I think Mike Jacobs enjoyed that a little too much, but that's another topic). Like I said, someone come up with examples. Maybe I was blind to it all those years; I just don't recall our colors being used all that much. Quote Link to comment Share on other sites More sharing options...
darell1976 Posted August 7, 2014 Share Posted August 7, 2014 I disagree with you on this. "Green and White" belongs in the same category as "Sun Dogs", "Spirit" and "Flames". How much merchandise will we sell if our official name is "Green and White"? It's not a distinct enough brand; it's too similar to North Texas and Dartmouth. We need something that sets us apart and gives us a distinct identity. "Green and White" doesn't cut it. I agree Green and White will sell as much merchandise as what UND has now. I am sure UND can't be making any money or not much on merchandise as they were as the Fighting Sioux. Sun Dogs is fine if GF got a baseball team, but not for UND. UND needs to pick a name related to the school like using the aerospace. Flyers is used by Dayton, but something with planes or drones etc. 1 Quote Link to comment Share on other sites More sharing options...
darell1976 Posted August 7, 2014 Share Posted August 7, 2014 I have been reading news stories about UND athletics for most of my life and I never saw Green and White until the Sioux name and logo were retired (I think Mike Jacobs enjoyed that a little too much, but that's another topic). Like I said, someone come up with examples. Maybe I was blind to it all those years; I just don't recall our colors being used all that much. I remember games at Memorial with the cheerleaders cheering...."Green and White fight, fight, fight". Quote Link to comment Share on other sites More sharing options...
fightingsioux4life Posted August 7, 2014 Share Posted August 7, 2014 I remember games at Memorial with the cheerleaders cheering...."Green and White fight, fight, fight". I was only talking about use in the media (print and electronic). I know cheerleaders used it from time to time (like Michigan's "Go Blue!" cheer) and that doesn't bother me. For some reason, it just bugs the heck out of me to have sportswriters use it. Quote Link to comment Share on other sites More sharing options...
darell1976 Posted August 7, 2014 Share Posted August 7, 2014 I was only talking about use in the media (print and electronic). I know cheerleaders used it from time to time (like Michigan's "Go Blue!" cheer) and that doesn't bother me. For some reason, it just bugs the heck out of me to have sportswriters use it. As for the media I have only heard it during the whole nickname phase either during the retiring of the name or just lately, I can't recall it being used in print prior to 2005 (when the whole nickname issue started by the NCAA). 2 Quote Link to comment Share on other sites More sharing options...
Big A HG Posted August 26, 2014 Share Posted August 26, 2014 Every school and team in the country gets called by their colors. That's not a nickname, it's just an alternative to repeatedly saying UND/Sioux/North Dakota all game or in write-ups. Quote Link to comment Share on other sites More sharing options...
90siouxfan Posted August 26, 2014 Share Posted August 26, 2014 I would suspect a reference to our winter weather, blech! What is latin for "you know who"? Quote Link to comment Share on other sites More sharing options...
UNDBIZ Posted September 24, 2015 Share Posted September 24, 2015 Separate legal question. Anybody seen these? http://www.newsioux.com/ I'd think the little tongue sticking out isn't enough to avoid trademark infringement..... Quote Link to comment Share on other sites More sharing options...
SWSiouxMN Posted September 24, 2015 Share Posted September 24, 2015 Separate legal question. Anybody seen these? http://www.newsioux.com/ I'd think the little tongue sticking out isn't enough to avoid trademark infringement.....Yeah, I saw it the other day on my facebook feed.My first question that popped in my head was, how is this legal? Quote Link to comment Share on other sites More sharing options...
petey23 Posted September 24, 2015 Share Posted September 24, 2015 Yeah, I saw it the other day on my facebook feed.My first question that popped in my head was, how is this legal? These guys might have a real bad day unless they are just lucky enough to get a cease and desist letter.Hopefully they are producing it on their own but I doubt it since they wouldn't be set up directly with the vendors who provide the shirts and hoods. So probably going to be an embroidery and screen print shop that will get cracked as well.How much trouble does a seller face for selling unlicensed gear?Copyright and trademark infringements involve majorfines and possible jail time. A copyright violation, which involves the unlawful use of artistic or written work, carries a penalty of up to $150,000 per infringed work if the misconduct was willful and intentional. Likewise, a trademark violation involving the unlawful use of a word, name, symbol or device carries civil penalties matching the extent of the infringement, which hinges on whether the infringement is likely to cause consumer confusion.Historically, courts have applied any of the following factors to decide if a reasonable consumer would be confused by the use of a certain logo or likeness:Strength of the trademark: Is it well known and recognized?Proximity of the fake goods to the real merchandiseSimilarity of the trademark to the knockoffEvidence of actual confusion by shoppersMarketing channels used by the alleged infringerDegree of scrutiny likely to be exercised by the consumer over whether the item is infringing on trademark rightsInfringer’s intentions when creating the item, andLikelihood of the expansion of product lines.How close is too close?In many instances, a seller may simply combine two or three colors without using a logo and sell the item as a “Denver Broncos knit hat” or “Baltimore Ravens custom-made headband.” In these examples, the seller has merely united orange with blue or purple with black to create a product likely to sell with a certain fan base. Is this illegal?It depends. Would a reasonably informed shopper be confused by the validity of this product? Could a shopper aiming to purchase licensed, official gear be diverted by this product? Blatant use of a logo or slogan is a clear violation. Use of a full team name is also a clear violation. Use of a team name with colors is unlawful; however, use of colors alone without any actual mention of the team may be acceptable, provided the seller is not actually touting the product with the team’s name attached. Therefore, the above examples would probably be an unlawful use of the team’s name for commercial gain.Keep in mind that the law permits you to create, customize and cavort in your homemade team gear to your heart’s content as long as you don’t make a profit. So, while your Etsy enterprise is probably a bad idea, your newborn baby won’t face an injunction for wearing his custom-made team onesie to the next neighborhood barbeque.Looks like they may have taken steps to cover their tracks as far as their online presence goes. newsioux.com registry whoisUpdated 1 second ago - RefreshDomain Name: NEWSIOUX.COMRegistrar: GOOGLE INC.Sponsoring Registrar IANA ID: 895Whois Server: whois.rrpproxy.netReferral URL: http://domains.google.comName Server: NS1.BLUEHOST.COMName Server: NS2.BLUEHOST.COMStatus: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibitedUpdated Date: 16-sep-2015Creation Date: 07-aug-2015Expiration Date: 07-aug-2016newsioux.com registrar whoisUpdated 1 second agoDomain Name: newsioux.comRegistry Domain ID: 1951751673_DOMAIN_COM-VRSNRegistrar WHOIS Server: whois.rrpproxy.netRegistrar URL: https://domains.google.com/Updated Date: 2015-09-16T16:04:26.0ZCreation Date: 2015-08-07T20:49:00.0ZRegistrar Registration Expiration Date: 2016-08-07T20:49:00.0ZRegistrar: Google Inc.Registrar IANA ID: 895Registrar Abuse Contact Email: registrar-abuse[at]google.comRegistrar Abuse Contact Phone: +1.877-237-6466Domain Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibitedRegistry Registrant ID:Registrant Name: On behalf of newsioux.com OWNERRegistrant Organization: c/o whoisproxy.com Ltd.Registrant Street: Plaza Level,41 Shortland StreetRegistrant City: AucklandRegistrant State/Province:Registrant Postal Code: 1010Registrant Country: NZRegistrant Phone: +64.48319528Registrant Phone Ext:Registrant Fax:Registrant Fax Ext:Registrant Email: @newsioux.com.whoisproxy.orgRegistry Admin ID:Admin Name: On behalf of newsioux.com ADMINAdmin Organization: c/o whoisproxy.com Ltd.Admin Street: Plaza Level,41 Shortland StreetAdmin City: AucklandAdmin State/Province:Admin Postal Code: 1010Admin Country: NZAdmin Phone: +64.48319528Admin Phone Ext:Admin Fax:Admin Fax Ext:Admin Email: @newsioux.com.whoisproxy.orgRegistry Tech ID:Tech Name: On behalf of newsioux.com TECHTech Organization: c/o whoisproxy.com Ltd.Tech Street: Plaza Level,41 Shortland StreetTech City: AucklandTech Postal Code: 1010Tech State/Province:Tech Country: NZTech Phone: +64.48319528Tech Phone Ext:Tech Fax:Tech Fax Ext:Tech Email: @newsioux.com.whoisproxy.orgName Server: ns1.bluehost.comName Server: ns2.bluehost.comDNSSEC: unsignedWhoisprivacy: 1URL of the ICANN WHOIS Data Problem Reporting System: http://wdprs.internic.net/>>> Last update of WHOIS database: 2015-09-24T21:08:24.0Z <<<Registry Billing ID:Billing Name: On behalf of newsioux.com BILLINGBilling Organization: c/o whoisproxy.com Ltd.Billing Street: Plaza Level,41 Shortland StreetBilling City: AucklandBilling State/Province:Billing Postal Code: 1010Billing Country: NZBilling Phone: +64.48319528Billing Phone Ext:Billing Fax:Billing Fax Ext:Billing Email: @newsioux.com.whoisproxy.org Quote Link to comment Share on other sites More sharing options...
ericpnelson Posted September 24, 2015 Share Posted September 24, 2015 I know parodies are an exception to this law, but I'm not sure I see it. Quote Link to comment Share on other sites More sharing options...
Fetch Posted September 24, 2015 Author Share Posted September 24, 2015 Nothing there I don't have plenty of but I hope they find / found a loophole Quote Link to comment Share on other sites More sharing options...
petey23 Posted September 24, 2015 Share Posted September 24, 2015 It comes down to intent and substantial similarity. Quote Link to comment Share on other sites More sharing options...
The Sicatoka Posted September 24, 2015 Share Posted September 24, 2015 It comes down to intent and substantial similarity.I see "cease and desist" in someone's future. Quote Link to comment Share on other sites More sharing options...
petey23 Posted September 24, 2015 Share Posted September 24, 2015 I see "cease and desist" in someone's future. That would be their best result. Quote Link to comment Share on other sites More sharing options...
Siouxphan27 Posted September 25, 2015 Share Posted September 25, 2015 So how does this work- does UND have to pay lawyers to defend the logo we cannot use? Quote Link to comment Share on other sites More sharing options...
CMSioux Posted September 25, 2015 Share Posted September 25, 2015 UND has lawyers on staff they don't have to hire lawyers to defend the logo. If you like this logo you better buy it now as it will be going away soon - another test of infringement is when you are obviously trying to link yourself to an organization to sell your goods. Siouxpride.com got a letter because one of the designs was a little too linked to hockey - which has nothing to do with native american clothing - that design is now a collectors item. Personally I don't see that design as a way to respectfully preserve the name or the logo. Quote Link to comment Share on other sites More sharing options...
UNDBIZ Posted September 25, 2015 Share Posted September 25, 2015 They were selling at the ndsu game out of a van. I'd like to see them made an example. They fully know what they're doing and they defaced a beautiful logo in an attempt at being cute. 1 Quote Link to comment Share on other sites More sharing options...
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