The "NODAK" Trademark

[Benny Baker]

7 minutes ago, The Sicatoka said:

If NODAK LLC "acknowledged the University's existing rights in the NODAK mark as the senior user", why'd they waste their time and money taking a junior or inferior position? What's to gain from that? 
 

Who is "they"?  Do you have some inside knowledge that there are multiple owners of Nodak LLC?

[MafiaMan]

30 minutes ago, Goon said:

The issue seems to have been resolved. Berry isn't getting fired like some on her have dreamed. 

Wait, so not even a text message saying, “Hey, uh, coach, your daughter holds the trademark to the name on the jerseys you love…did you know about this?”

[Shawn-O]

4 hours ago, Frozen4sioux said:

Port was just a patzi...

Farmed out after they tried to get this done by others.

This hit piece came 100% from the hockey hating football faction of HAWKZI leadership in the parking lot of the Alerus.

They've been trying to get traction for weeks and only college athletic hating Port would sleezeball themselves up enough to write it.

They where always going to try to try tie this to the Engelstad foundation and REA as well.... 

Even after they knew that was false... they've been hinting at it the entire forum and now are just saying it straight out.

Walking a very very fine line by the way... "jest"... nice try bud.

You wrote the quiet part out loud.

Only a fool can't see the purpose behind this all now.

Is a unified athletic department too much to ask?   

[The Sicatoka]

7 minutes ago, Benny Baker said:

Who is "they"?  Do you have some inside knowledge that there are multiple owners of Nodak LLC?

"They" the LLC.
"They" the owner and her counsel. 

Do I know if the LLC is more than one named owner? No. 

[Shawn-O]

8 minutes ago, siouxkid12 said:

You are 100% correct that this nickname divisiveness does UND no good. Berry and company (hockey program, REA) need to get fully on board with the nickname change. There is no reason that a freshman hockey player tells a reporter that he plays "Fighting Sioux hockey" when they haven't been the fighting sioux for years.

If the WHL expanded to Grand Forks and the franchise adopted "Fighting Sioux", half the UND hockey season ticket base would be like "peace, out".    

[The Sicatoka]

1 minute ago, Shawn-O said:

If the WHL expanded to Grand Forks and the franchise adopted "Fighting Sioux", half the UND hockey season ticket base would be like "peace, out".    

Can I get $20 on the over? 

[Frozen4sioux]

1 minute ago, The Sicatoka said:

Can I get $20 on the over? 

That would be a really safe bet.

[Benny Baker]

4 minutes ago, Shawn-O said:

If the WHL expanded to Grand Forks and the franchise adopted "Fighting Sioux", half the UND hockey season ticket base would be like "peace, out".    

Not only that, but also that playing Major Juniors, not the NCAA, is the appropriate path to the NHL.

[siouxkid12]

3 minutes ago, Shawn-O said:

If the WHL expanded to Grand Forks and the franchise adopted "Fighting Sioux", half the UND hockey season ticket base would be like "peace, out".    

I wouldn't doubt that people would switch over.

However, with this PC climate we have I HIGHLY doubt any new sports franchise would adopt a native american nickname.

[Shawn-O]

1 minute ago, Frozen4sioux said:

That would be a really safe bet.

What a sad f_cking state of affairs.  

[Benny Baker]

Just now, siouxkid12 said:

I wouldn't doubt that people would switch over.

However, with this PC climate we have I HIGHLY doubt any new sports franchise would adopt a native american nickname.

RIP old Portland Winterhawks logo

[The Sicatoka]

2 minutes ago, Frozen4sioux said:

That would be a really safe bet.

Here's where I stand beside @iramurphy: My allegiance is to the University of North Dakota. Not some retired name. 

[stoneySIOUX]

2 minutes ago, The Sicatoka said:

Here's where I stand beside @iramurphy: My allegiance is to the University of North Dakota. Not some retired name. 

Ditto.

Honestly, I think this is the view of our fanbase, especially actual alumni, overwhelmingly. It feels like that God awful FB group has made the "Sioux Forever" group louder than ever, but I do believe if it came down to it, people would state their allegiance towards the school, not the name. I know that's the case for my friends and colleagues, at least. 

[Siouxperman8]

2 minutes ago, stoneySIOUX said:

Ditto.

Honestly, I think this is the view of our fanbase, especially actual alumni, overwhelmingly. It feels like that God awful FB group has made the "Sioux Forever" group louder than ever, but I do believe if it came down to it, people would state their allegiance towards the school, not the name. I know that's the case for my friends and colleagues, at least. 

Agree.  Many of us cheer for UND and all of their teams.  For one thing, a major junior team would only cover one of the sports the Univ offers.   

[siouxkid12]

11 minutes ago, stoneySIOUX said:

Ditto.

Honestly, I think this is the view of our fanbase, especially actual alumni, overwhelmingly. It feels like that God awful FB group has made the "Sioux Forever" group louder than ever, but I do believe if it came down to it, people would state their allegiance towards the school, not the name. I know that's the case for my friends and colleagues, at least. 

I am with you. 

That group on facebook is garbage and is nothing more than non alumni who wont move on. You can tell that they only like the logo due to their willingness to sell counterfeit and non licensed products on there.

[Shawn-O]

2 minutes ago, siouxkid12 said:

I am with you. 

That group on facebook is garbage and is nothing more than non alumni who wont move on. You can tell that they only like the logo due to their willingness to sell counterfeit and non licensed products on there.

It's great for ticket availability, otherwise total cesspool.   

[stoneySIOUX]

3 minutes ago, siouxkid12 said:

I am with you. 

That group on facebook is garbage and is nothing more than non alumni who wont move on. You can tell that they only like the logo due to their willingness to sell counterfeit and non licensed products on there.

HA! Never thought about that.

Don't get me wrong... I adore the Sioux logo in all shapes and forms. My love for UND blows away the love for the logos. 

I'd love to see a spread of the alumni vs. non-alumni on there. Not that it really matters, but it does paint a type of picture, you know?

[stoneySIOUX]

1 minute ago, Shawn-O said:

It's great for ticket availability, otherwise total cesspool.   

It's so bad. So much lack of actually hockey knowledge and exaggeration of everything. 

It's comical at some points. Horribly sad at others. Just the LOWEST possible reflection of our fanbase.

And for Christ's sake, can someone PLEASE teach these dummies WITH A PHONE IN THEIR HAND, how to figure out what channel the frickin' game is on lololol?!

[siouxkid12]

6 minutes ago, Shawn-O said:

It's great for ticket availability, otherwise total cesspool.   

Don't forget about the butt kissing for "mama gaber" 

[siouxkid12]

2 minutes ago, stoneySIOUX said:

It's so bad. So much lack of actually hockey knowledge and exaggeration of everything. 

It's comical at some points. Horribly sad at others. Just the LOWEST possible reflection of our fanbase.

And for Christ's sake, can someone PLEASE teach these dummies WITH A PHONE IN THEIR HAND, how to figure out what channel the frickin' game is on lololol?!

That and please stop complaining about why other schools don't air hockey games or why Midco won't air all the games (home and away)...

[Blackheart]

4 minutes ago, stoneySIOUX said:

It's so bad. So much lack of actually hockey knowledge and exaggeration of everything. 

It's comical at some points. Horribly sad at others. Just the LOWEST possible reflection of our fanbase.

Hey, I thought that was OUR job here on SiouxSports?!?

[Shawn-O]

3 minutes ago, siouxkid12 said:

Don't forget about the butt kissing for "mama gaber" 

Okay, it's not just me.   

[stoneySIOUX]

7 minutes ago, Blackheart said:

Hey, I thought that was OUR job here on SiouxSports?!?

I absolutely love that we've been replaced as a scourge of our fanbase 

[SiouxFan100]

I want to know what coach berry’s involvement was in all of this

[SKondrashkin]

1 hour ago, Benny Baker said:

It's clickbait garbage.

Headline misrepresents that UND "now owns trademark" while article concedes "[Nodak] LLC has expressly acknowledged the University's existing rights in the NODAK mark as the senior user."  UND owned it all along, even according to the LLC that registered the trademark.

Registration of a trademark doesn't necessarily mean ownership.  If I registered (recorded) a Warranty Deed in Ward County today claiming to own Rob Port's house, does that mean I am automatically the owner?

 

Incorrect.  
Just spent some time researching trademarks over the lunch-hour.  You can't register a trademark without owning it first.    

The difficulty here is a word can be owned and trademarked by anybody; especially in the way Nodak LLC registered 'NODAK'.  From their application:
'The mark consists of standard characters, without claim to any particular font style, size or color."
  
It all comes down to how a word is used.  An existing owner can prevent other business from using a word/trademark only if they sell the same product or service.  Companies making different products can use identical word/trademarks.  For example Crest Toothpaste and Crest Construction.

But this is where it gets potentially nefarious.  Trademark registration applicants must declare what goods and services the word/trademark is used in conjunction with.  NODAK LLC's was for apparel, clothing, etc; basically anything you can find at the Sioux Shop.   WTF?  

But, UND also owns the NODAK 'moniker' because they were the first to use it.  HOWEVER, because they didn't register it, their usage rights are restricted to the geographic area they do business.  Registering a trademark ensures national rights.