The "NODAK" Trademark

[siouxkid12]

1 hour ago, Shawn-O said:

Okay, it's not just me.   

I find it to be super weird. 

There is one guy on there that cornered Riese at Fanfest and did a facebook live video asking if he wanted to say hi to his mom. Like seriously, what is wrong with you people!

[iluvdebbies]

2 minutes ago, SiouxFan100 said:

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

Ask the AG of North Dakota.... he'll tell you.

[Benny Baker]

17 minutes ago, SKondrashkin said:

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. 

Way too much nuance to make a blanket statement that registering a trademark ensures national rights.  That is why there is so much IP litigation to resolve these disputes. 

What is the geographic area that UND does business in?  If I am UND's attorney, my argument would be that we're a national university, have students from all 50 states and internationally, and we even wore that Nodak jersey in the state of Nevada.  At a minimum, we're certainly a regional school encompassing Minnesota where Nodak LLC is registered.

[Frozen4sioux]

1 hour ago, The Sicatoka said:

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

I bend the knee to no man, University or Hawkzi dictatorship.

[SiouxFan100]

And I would think the UND president should want to know coach berry’s involvement. No doubt president needs to know this

[Benny Baker]

27 minutes ago, SKondrashkin said:

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?   

Or Nodak LLC would have been infringing on SRBND LLC's North Dakota registered tradename or, at a minimum, its geographical use of the Nodak trademark on green, black, white clothing apparel in North Dakota anyway: https://www.facebook.com/nodakclothing/

It takes a lot of IP litigation to actually narrow down the owners of trademarks and tradenames when there are competing interests.

[The Sicatoka]

49 minutes ago, Blackheart said:

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

Somebody should've TM'd it for us, with altruistic intentions of course, 

[Frozen4sioux]

1 hour 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. 

 

57 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.

 

50 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?!

 

48 minutes ago, siouxkid12 said:

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

OMG we literally could not agree more on this.

That cesspool of de-evolution is one of the worst things that's happened to UND athletics.

 

In fact it's made me almost hate Fighting Sioux Forever folk as much (not as much but almost ) as much as the HEIL HAWKZI overlords.

If there was only some.... middle ground.

 

Some.... saving grace that we could rally around together.....

NODAK save us now

 

 

[The Sicatoka]

36 minutes ago, SKondrashkin said:

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?   

Did NODAK LLC every directly use the word in commerce or trade? 

The Uses reads ... exactly like a collegiate licensing agreement usage. Interesting coincidence. 

[The Sicatoka]

13 minutes ago, Benny Baker said:

What is the geographic area that UND does business in?  If I am UND's attorney, my argument would be that we're a national university, have students from all 50 states and internationally, and we even wore that Nodak jersey in the state of Nevada.  At a minimum, we're certainly a regional school encompassing Minnesota where Nodak LLC is registered.

70 years ago and today the answer is significantly different, so I get your point. 

[Frozen4sioux]

Boy do you all look...

https://www.grandforksherald.com/news/north-dakota/armacost-says-und-hockey-coach-had-no-conflict-of-interest-concerning-daughters-ownership-of-nodak-llc

 

 

 

I hear seething curses and gnashing of teeth from the nest of the thise tornented in eternal jealousy that thought.... thought they had something here...

You where all way way late to this party and really it was over before you found out you weren't invited.

 

 

[The Sicatoka]

4 minutes ago, Frozen4sioux said:

NODAK save us now

I get your point, but please reconcile how a third place vote-getter is the answer. 

[stoneySIOUX]

1 minute ago, The Sicatoka said:

I get your point, but please reconcile how a third place vote-getter is the answer. 

"third place vote-getter" 

[The Sicatoka]

2 minutes ago, Frozen4sioux said:

Boy do you all look...

https://www.grandforksherald.com/news/north-dakota/armacost-says-und-hockey-coach-had-no-conflict-of-interest-concerning-daughters-ownership-of-nodak-llc

Listen to the interview. Armacost expects Chaves to complete the investigation and report back. (General gonna General.)

And I thought Port was a poor source.  

[iluvdebbies]

3 minutes ago, Frozen4sioux said:

Boy do you all look...

https://www.grandforksherald.com/news/north-dakota/armacost-says-und-hockey-coach-had-no-conflict-of-interest-concerning-daughters-ownership-of-nodak-llc

 

 

 

I hear seething curses and gnashing of teeth from the nest of the thise tornented in eternal jealousy that thought.... thought they had something here...

You where all way way late to this party and really it was over before you found out you weren't invited.

 

 

At least Portly got his clicks!

[Frozen4sioux]

3 minutes ago, The Sicatoka said:

I get your point, but please reconcile how a third place vote-getter is the answer. 

Whelp as you lik your wounds of failure on this one...

 

Maybe we could con Port into doing a story about the "voting process" of the nickname..

Was it fair?  Maybe he can just make stuff up about missing votes... shady midnight tally dumps?

OHHH maybe look to see if anyone's daughter or son ... or somewhere in thw middle had connections to SME... 

Only $50 k for an entire branding identity... that doesn't seem right.

Follow the money!

Follow thw money!

Cancel all public institution athletics....

Call a cab...... 

[SiouxHawkGuy]

10 minutes ago, Frozen4sioux said:

 

 

 

OMG we literally could not agree more on this.

That cesspool of de-evolution is one of the worst things that's happened to UND athletics.

 

In fact it's made me almost hate Fighting Sioux Forever folk as much (not as much but almost ) as much as the HEIL HAWKZI overlords.

If there was only some.... middle ground.

 

Some.... saving grace that we could rally around together.....

NODAK save us now

 

 

Saving grace? Maybe a head coach who isn’t afraid to say/wear the big bad H word 

[Benny Baker]

4 minutes ago, The Sicatoka said:

I get your point, but please reconcile how a third place vote-getter is the answer. 

Perhaps because "it became clear that NODAK was an idea that the hockey community latches on to", at least, according to the University's own President.

“There was a global pandemic happening in April 2020, so that may have influenced things,” said Armacost. “Going back to our understanding of trademark law, we were the senior users of NODAK, which gives us legal protection. At that point, NODAK was still an experiment. When we sold out of the first 450 NODAK jerseys shortly afterwards, it became clear that NODAK was an idea that the hockey community latches on to. We now have that trademark registered as a consequence of negotiations with NODAK LLC.”

[Frozen4sioux]

2 minutes ago, SiouxHawkGuy said:

Saving grace? Maybe a head coach who isn’t afraid to say/wear the big bad H word 

He wears Hawks gear all the time.

I've personally been around him many many public occasisons, snd more private and he wears and promotes the name and gear....

Old, lame, red herring.

 

Which btw would actually be a better nickname... and likely logo.

 

[Blackheart]

9 minutes ago, Frozen4sioux said:

Boy do you all look...

https://www.grandforksherald.com/news/north-dakota/armacost-says-und-hockey-coach-had-no-conflict-of-interest-concerning-daughters-ownership-of-nodak-llc

I hear seething curses and gnashing of teeth from the nest of the thise tornented in eternal jealousy that thought.... thought they had something here...

You where all way way late to this party and really it was over before you found out you weren't invited.

 

 

Nah, I'm thinking most of the faithful just wanted their alma mater not to look like a bunch of bumbling idiots.  No axe to grind here.

[iramurphy]

5 minutes ago, Frozen4sioux said:

Whelp as you lik your wounds of failure on this one...

 

Maybe we could con Port into doing a story about the "voting process" of the nickname..

Was it fair?  Maybe he can just make stuff up about missing votes... shady midnight tally dumps?

OHHH maybe look to see if anyone's daughter or son ... or somewhere in thw middle had connections to SME... 

Only $50 k for an entire branding identity... that doesn't seem right.

Follow the money!

Follow thw money!

Cancel all public institution athletics....

Call a cab...... 

Another voting conspiracy?  It’s a logo, who cares?  

[The Sicatoka]

Failure?

The State got transparency. 
UND got a free trademark.

[iluvdebbies]

1 minute ago, The Sicatoka said:

Failure?

The State got transparency. 
UND got a free trademark.

Don't forget.

At the risk....., Portly got his clicks

[The Sicatoka]

Just now, iluvdebbies said:

Don't forget.

At the risk....., Portly got his clicks

We were tallying positives.  

[siouxkid12]

8 minutes ago, Frozen4sioux said:

Boy do you all look...

https://www.grandforksherald.com/news/north-dakota/armacost-says-und-hockey-coach-had-no-conflict-of-interest-concerning-daughters-ownership-of-nodak-llc

 

 

 

I hear seething curses and gnashing of teeth from the nest of the thise tornented in eternal jealousy that thought.... thought they had something here...

You where all way way late to this party and really it was over before you found out you weren't invited.

 

 

Can't read it due to paywall and I refuse to pay Bill Marcil Jr and his idiot folks. 
However, there are a lot of unanswered questions yet, with the biggest one for me being "why TM a nickname that your dad approves the usage on". Also, why put yourself (yes, he might not have done it, but his family did it) in this situation to begin with?
I am not in the "Fire Berry Crowd" but as the prominent employee of the state and a nationally known hockey program, you know all eyes will be on you.

Also, my conspiracy theory hat is on but Armacost is going to say proper answers to make the University look good no matter what. We as alumni, taxpayers and citizens should question him at all costs until there is proof because we all know UND doesn't do things the proper way.