The "NODAK" Trademark

[Cratter]

Doubt we'll ever know the full story and their motives.

[Big Lubowski]

9 minutes ago, The Sicatoka said:

https://www.grandforksherald.com/opinion/columns/port-und-now-owns-nodak-trademark-says-it-didnt-cost-them-anything  

There ya go ya big Lubowski.  

Gracious. 

[Big Lubowski]

Just now, Big Lubowski said:

Gracious. 

Meant gracius.

[Blackheart]

6 minutes ago, Big Lubowski said:

Meant gracias.

Fixed your post.

[MafiaMan]

18 minutes ago, Big Lubowski said:

Meant gracius.

God bless you! 

[gfNDfan]

10 hours ago, crb1 said:

Yeah, this is not a good situation. I found it funny that the company who has rights to the trademark NODAK LLC is registered by Brianna Berry company address in Minnetonka. The person who lives/owns that residence is a Daniel Kristo. This just get more and more interesting. lol

OOOHHH shift!  Yes this did get a lot more interesting.

[gfNDfan]

20 minutes ago, gfNDfan said:

OOOHHH shift!  Yes this did get a lot more interesting.

I don't know for sure but from what I've read on the inter-webs the "BIG GUY" get's 10% based on current something not described...please explain

[90siouxfan]

8 hours ago, Frozen4sioux said:

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

Sorry Rob Port stole your girlfriend...   but seriously, your derogatory name calling weakens your statements.

[Prison_Mike]

6 hours ago, gfNDfan said:

I don't know for sure but from what I've read on the inter-webs the "BIG GUY" get's 10% based on current something not described...please explain

 

[Oxbow6]

I read UND spokesman David Dodds comments on this fiasco. He must be a cousin to Jen Psaki. What a bunch of jumbled verbal nausea.  Only thing missing was..."I'll circle back when I have more information".

[The Sicatoka]

From UND's release last night:

Quote

Despite speculation regarding the LLC’s involvement with any product selection or merchandising efforts by the University, 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. At that time, the University engaged in a routine trademark clearance process, including a search of the records of the U.S. Patent and Trademark Office. 

So a vendor pitches a design in April 2020. UND does the routine TM checks: All good. UND did what it should've I guess. 

Then in September 2020 the LLC is set up and a claim for the word NODAK is made and granted. Isn't scooping that word an "insider" move? How'd the LLC owner, and the attorney that set it up, know that word. Being the LLC is the coach's daughter, the attorney is a former team mate of the coach, and the coach picks jerseys, it's pretty clear. 

And if this was all benevolent and magnanimous in nature, why only when it sees daylight over two years later is the claimed "never intended for personal profit" TM finally relinquished to UND? Benevolence to me would've been immediate gifting, or at least at first public jersey appearance in falll 2021. 

Who besides Brianna Berry is NODAK LLC. Is it a sole proprietorship or does she have partners in the LLC? What happened with the TM from Sep 2020 to Dec 2022? UND may not have paid NODAK LLC, but did NODAK LLC receive licensing compensation from some other party (e.g. Adidas) during that window of time? 

Dodds' statement may have opened more questions than cleared. 

[Big Lubowski]

13 minutes ago, The Sicatoka said:

From UND's release last night:

So a vendor pitches a design in April 2020. UND does the routine TM checks: All good. UND did what it should've I guess. 

Then in September 2020 the LLC is set up and a claim for the word NODAK is made and granted. Isn't scooping that word an "insider" move? How'd the LLC owner, and the attorney that set it up, know that word. Being the LLC is the coach's daughter, the attorney is a former team mate of the coach, and the coach picks jerseys, it's pretty clear. 

And if this was all benevolent and magnanimous in nature, why only when it sees daylight over two years later is the claimed "never intended for personal profit" TM finally relinquished to UND? Benevolence to me would've been immediate gifting, or at least at first public jersey appearance in falll 2021. 

Who besides Brianna Berry is NODAK LLC. Is it a sole proprietorship or does she have partners in the LLC? What happened with the TM from Sep 2020 to Dec 2022? UND may not have paid NODAK LLC, but did NODAK LLC receive licensing compensation from some other party (e.g. Adidas) during that window of time? 

Dodds' statement may have opened more questions than cleared. 

Agree 100% with this. And as someone may have already mentioned, getting a trademark takes significant time and money, so this wasn’t just a lark. 
 

if I were advising BB, I’d say get out in front of this and hold a presser, or issue a statement very soon.

[The Sicatoka]

If NODAK LLC was benevolently magnanimous and no fiscal gain came from the TM, shouldn't NODAK LLC be able to show a licensing agreement with a vendor or retailer that defines "$0" for TM usage. 

NODAK LLC would look like heroes (though 26 months late) if they could produce that. Showing the books since Sep 2020 would make their motives clear and prove the benevolence claim. 

And now that UND has control of the TM, wouldn't existing contractual licensing agreements be transferred to UND as new owner? Suddenly, any licensing usage of NODAK since the TM date (Sep 2020) has become FOIA discoverable as they are now UND contracts. 

[Cratter]

1 hour ago, Big Lubowski said:

if I were advising BB, I’d say get out in front of this and hold a presser, or issue a statement very soon.

He's probably been on the phone with his lawyers all night.

[burd]

1 hour ago, The Sicatoka said:

From UND's release last night:

Being the LLC is the coach's daughter, the attorney is a former team mate of the coach,  

Who is that?

[The Sicatoka]

6 minutes ago, burd said:

Who is that?

Tarek Howard. (All three seasons Brad was at UND.) 
https://www.hockeydb.com/ihdb/stats/pdisplay.php?pid=364 

It was in Port's first article. 

Quote

The registered agent for the entity was attorney Tarek Howard of Grand Forks, who played for the UND hockey team from 1983-84 to 1986-87.

The "entity" is NODAK LLC.

[SiouxHawkGuy]

When do we see the Nodak jerseys on the ice again???

[The Sicatoka]

5 minutes ago, SiouxHawkGuy said:

When do we see the Nodak jerseys on the ice again???

Generally speaking, President Armacost should be expediting (diagonal) HAWKS replacements (assuming no TM infringements obviously).  

[Benny Baker]

1 minute ago, The Sicatoka said:

President Armacost should be expediting (diagonal) HAWKS replacements (assuming no TM infringements obviously).  

Don’t give the Berry daughters the idea to register Hawks LLC and trademark the word “Hawks” though.

[burd]

2 minutes ago, The Sicatoka said:

Tarek Howard. (All three seasons Brad was at UND.) 
https://www.hockeydb.com/ihdb/stats/pdisplay.php?pid=364 

It was in Port's first article. 

 

I thought that might be the case.   Good guy.   I knew him during his time in law school. 

Regarding other possible LLC members, Minnesota's version of the Dept of Financial Institutions should have that information, probably accessible through its website.   

[The Sicatoka]

2 minutes ago, Benny Baker said:

Don’t give the Berry daughters the idea to register Hawks LLC and trademark the word “Hawks” though.

Crap. I just gave away another million dollar idea ... 

Say, when's the first time there was a public statement about a NODAK jersey for the team? I thought it was shortly before they debuted on-ice, like fall 2021. 

[BarnWinterSportsEngelstad]

1 hour ago, Big Lubowski said:

Agree 100% with this. And as someone may have already mentioned, getting a trademark takes significant time and money, so this wasn’t just a lark. 
 

if I were advising BB, I’d say get out in front of this and hold a presser, or issue a statement very soon.

Not really,

And they had an in house attorney. 

Helping UND out, let me be the first on here to thank NODAK, LLC.
Thank You

[The Sicatoka]

3 minutes ago, burd said:

Regarding other possible LLC members, Minnesota's version of the Dept of Financial Institutions should have that information, probably accessible through its website.   

Not much there beyond the known.
https://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=6e60f9ce-55ed-ea11-91a0-00155d32b905 

[The Sicatoka]

3 minutes ago, BarnWinterSportsEngelstad said:

And they had an in house attorney. 

In-house counsel ain't cheaper.  

[Benny Baker]

3 minutes ago, The Sicatoka said:

Not much there beyond the known.
https://mblsportal.sos.state.mn.us/Business/SearchDetails?filingGuid=6e60f9ce-55ed-ea11-91a0-00155d32b905 

You’d need to see the LLC’s operating agreement, which will contain a schedule of all the members/owners. 

Unfortunately, those aren’t required to be filed with the state in which the LLC is organized.