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The "NODAK" Trademark


The Sicatoka

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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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54 minutes ago, Cratter said:

Imo, the Berry's have to turn over the trademark if he wants to continue to be employed by UND.

And a few minutes after I wrote this they did turn it over....

"Alright. You caught us. Here you go. You can have it. Please don't dig any deeper now."

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1 hour ago, Frozen4sioux said:

UND is.

NODAK LLC hasn't.

How is this difficult?

I think this is what you're referring to.

 

Quote

In a statement to the press shortly before 8 p.m., UND spokesman David Dodds said the university has been “working diligently to ensure that NODAK LLC’s federal trademark registration did not conflict with, or call into question, the university’s existing rights in the NODAK mark.” Dodds said the rights have been acquired by UND through the mark’s use over many years, adding the “mark has very much retained its association with the University in the minds of consumers.”

 

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11 minutes ago, Cratter said:

And a few minutes after I wrote this they did turn it over....

"Alright. You caught us. Here you go. You can have it. Please don't dig any deeper now."

BB within the last hour.......

i-surrender-daniel-larusso.gif

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Look what UND put out. Someone's working late.
https://blogs.und.edu/press-releases/2022/12/university-statement-regarding-nodak-use-on-hockey-jerseys/ 

Quote

This agreement involved no financial transaction between the University and the LLC and is believed to be in the best interests of all concerned.

No financial transaction is good. And no kidding "in the best interests of all concerned" ... those appearing to be in conflict of interest.

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... it was in April 2020 – several months prior to the LLC’s trademark application having been filed and indeed, the very formation of the LLC itself – that the University received through its normal channels an artwork approval request from a licensed vendor for the “NODAK” jersey currently in use. 

April 2020? So who used the insider knowledge to clue in the LLC to lock down that trademark in September 2020? 

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4 minutes ago, The Sicatoka said:

Look what UND put out. Someone's working late.
https://blogs.und.edu/press-releases/2022/12/university-statement-regarding-nodak-use-on-hockey-jerseys/ 

No financial transaction is good. And no kidding "in the best interests of all concerned" ... those appearing to be in conflict of interest.

April 2020? So who used the insider knowledge to clue in the LLC to lock down that trademark in September 2020? 

Come on Sic, don’t you just love a happy ending?  And not the kind you get with Mimosas.;)

-TM Mafiaman 

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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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50 minutes ago, Benny Baker said:

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….

Except he has been constantly saying in articles and on podcasts that UND has been losing games in the 3rd period that were within reach. Just listened to the rink love podcast from this week where mentioned UND has to figure out how to keep the puck out of the bet and are 58th in save percentage in the country . 

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Quote

... the University’s existing rights in the NODAK mark. Those rights have been acquired by the University through the mark’s use over many years, and the mark has very much retained its association with the University in the minds of consumers.

Because they used NODAK on a jersey 70 years ago they are claiming TM rights?

Is there paperwork on that? 

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4 minutes ago, hockeytherapy13 said:

Except he has been constantly saying in articles and on podcasts that UND has been losing games in the 3rd period that were within reach. Just listened to the rink love podcast from this week where mentioned UND has to figure out how to keep the puck out of the bet and are 58th in save percentage in the country . 

Wait, so we’re trying to figure out how to keep the puck out of the net?  God help us!

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9 minutes ago, Benny Baker said:

“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.

 

The UND release says the LLC surrendered rights to UND:

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The University and NODAK LLC have today entered into an agreement whereby the LLC has expressly acknowledged the University’s existing rights in the NODAK mark as the senior user, and formally transferred ownership of its registration to the University

 

What I don't get is the claim "through the mark’s use over many years". When, before 2021, was NODAK last used? No use in commerce makes the ownership claim go away (just like the NCAA settlement makes UND use the old name in commerce to keep the TM valid and retain ownership). 

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1 hour ago, Frozen4sioux said:

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

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. 

 

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