The "NODAK" Trademark

[Kab]

If this sh it happened at any university you would have the same complainers saying the same things

let it go

did this cause any of,you harm ?

The  players have NIL now now and you are worried about this

were you worried about hunters lap,top too, more than likely not, depends on if you are half full or half empty 

[SiouxFan100]

It shouldn’t be up to coach berry to decide to address any or no involvement. Our president isn’t being transparent and l think it is our president’s responsibility to disclose.

[The Sicatoka]

One action would've headed all of this off:

In April 2020, after UND reviewed for trademarks, rather than finding none and assuming they were good, they should've taken the extra step and acquired the trademark then. 

To assume is to stage for failure. 

[stoneySIOUX]

4 minutes ago, Kab said:

If this sh it happened at any university you would have the same complainers saying the same things

let it go

did this cause any of,you harm ?

The  players have NIL now now and you are worried about this

were you worried about hunters lap,top too, more than likely not, depends on if you are half full or half empty 

Just because it didn't cause anyone harm, doesn't mean the fanbase enjoys idea of their favorite team looking shady, warranted or not.

[Wilbur]

Just now, stoneySIOUX said:

Just because it didn't cause anyone harm, doesn't mean the fanbase enjoys idea of their favorite team looking shady.

Exactly what I was going to say.

Love me the UND hockey team.  Let's do things the right way at and away from the arena.  

[Oxbow6]

So when will I be able to get my Christmas holiday NODAK edition jersey with the NODAK outlined in flashing lights?

[SKondrashkin]

53 minutes ago, Benny Baker said:

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.

 

45 minutes ago, Benny Baker said:

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.

 

Well of course.   All of this is an entangled web of legal intricacies.   But that doesn't nullify the gist of the problem.  WTF is Berry's daughter doing registering NODAK; at a time when the NODAK jerseys were set to make a lot of money?  And with the assistance of Tarek Howard?     

Even if UND has found no legal impropriety, questions still need to be answered.   Furthermore, if UND had sole rights to the trademark, why even negotiate with Nodak LLC?   

 

Like a previous poster said, I'm not in the "Fire Berry Crowd", but, man, Berry has some splainin' to do.  At least for transparency's sake.    

 

 

[Shawn-O]

43 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

 

 

Okay, one more thing about FB and I'll shut up.  The purchasing of jerseys, ripping off the hawk shoulder patches, having other stuff sewed on, and posting "look at me".  What in the world...

[Kab]

9 minutes ago, stoneySIOUX said:

Just because it didn't cause anyone harm, doesn't mean the fanbase enjoys idea of their favorite team looking shady, warranted or not.

Let it play out

i see universities getting in trouble with the ncaa for paying players, illegal recruiting, that makes a school look bad

too many people jump to conclusions before facts are known and they look bad when proven wrong but most don’t issue an apology

if it comes out that berry and his daughter are guilty of something bad I will pass judgement then

I'm more pissed about the football playoffs fiasco 

[Frozen4sioux]

10 minutes ago, Oxbow6 said:

So when will I be able to get my Christmas holiday NODAK edition jersey with the NODAK outlined in flashing lights?

I'm actually going to start counterfeiting "replica" sublimated Nodak jerseys cause from whatnI see UND is really bad at understanding all this legal mumbo-jumbo.

Anyone want in we could do this mafia style.

[petey23]

1 hour 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 facebook page stands as an example as to why sometimes cyber bullying should be allowed or even encouraged.

[petey23]

1 hour ago, siouxkid12 said:

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

cringy

[Frozen4sioux]

Just now, petey23 said:

That facebook stands as an example as to why sometimes bullying should be allowed or even encouraged.

Jesus I just spit scotch out my lead lined chinese Sioux tumbler.

 

Well the counterfeit sioux logo came off in the wash but... still.... thats funny right there.

[The Sicatoka]

5 minutes ago, Frozen4sioux said:

Jesus I just spit scotch out my lead lined chinese Sioux tumbler.

Standard, or did you splurge on the one with extra tin and cobalt? 

[Benny Baker]

23 minutes ago, SKondrashkin said:

 

 

Well of course.   All of this is an entangled web of legal intricacies.   But that doesn't nullify the gist of the problem.  WTF is Berry's daughter doing registering NODAK; at a time when the NODAK jerseys were set to make a lot of money?  And with the assistance of Tarek Howard?     

Even if UND has found no legal impropriety, questions still need to be answered.   Furthermore, if UND had sole rights to the trademark, why even negotiate with Nodak LLC?   

 

Like a previous poster said, I'm not in the "Fire Berry Crowd", but, man, Berry has some splainin' to do.  At least for transparency's sake.    

 

 

Yeah, I’ll find common ground on the transparency aspect.  No one seems to want or be able to answer the obvious question: why did the coach’s daughter trademark NODAK in the first place?

[stoneySIOUX]

40 minutes ago, Oxbow6 said:

So when will I be able to get my Christmas holiday NODAK edition jersey with the NODAK outlined in flashing lights?

I bet they sell these on the Facebook group.

[stoneySIOUX]

30 minutes ago, Kab said:

Let it play out

i see universities getting in trouble with the ncaa for paying players, illegal recruiting, that makes a school look bad

too many people jump to conclusions before facts are known and they look bad when proven wrong but most don’t issue an apology

if it comes out that berry and his daughter are guilty of something bad I will pass judgement then

I'm more pissed about the football playoffs fiasco 

Regardless of how it turns out, it seems like it's turning the corner into "nothingburger town", it still looks bad. It's simple.

[Shawn-O]

1 minute ago, stoneySIOUX said:

I bet they sell these on the Facebook group.

With ND shoulder patches with SIOUX down the angle of the N.  

[Godsmack]

58 minutes ago, SiouxFan100 said:

It shouldn’t be up to coach berry to decide to address any or no involvement. Our president isn’t being transparent and l think it is our president’s responsibility to disclose.

Exactly!

Do the inmates run the asylum over there at UND? The President comes across like he’s punting on this matter. Not a good look of leadership on the President’s part, “Go ask the coach if he’s willing to talk to the public about this.” Is how I read his quotes. 

[Walsh Hall]

As a respected and wise jurist frequently said, bringing a claim for an appearance of conflict of interest is beyond sophomoric.  There is either a conflict or there isn’t a conflict.

If someone is bloviating about the appearance of a conflict of interest, tune them out.  If there is an actual conflict of interest, with actual facts to support the claim, that’s something worth discussion.

What a shock that this is a giant pile of nothing.

[Oxbow6]

53 minutes ago, Benny Baker said:

Yeah, I’ll find common ground on the transparency aspect.  No one seems to want or be able to answer the obvious question: why did the coach’s daughter trademark NODAK in the first place?

 

1 hour ago, SKondrashkin said:

WTF is Berry's daughter doing registering NODAK at a time when the NODAK jerseys were set to make a lot of money?  And with the assistance of Tarek Howard?     

Seems like reasonable questions that should be answered.

[NoiseInsideMyHead]

1 hour ago, The Sicatoka said:

One action would've headed all of this off:

In April 2020, after UND reviewed for trademarks, rather than finding none and assuming they were good, they should've taken the extra step and acquired the trademark then. 

To assume is to stage for failure. 

But if the jersey bombed, and didn't sell for $hit, the same ne'er-do-wells would be on here complaining that UND wasted taxpayer money on a useless trademark. Crystal balls, 20/20 hindsight, and all that. 

Very few businesses can afford to trademark or patent every single thing that might come along. Or would even want to. I do believe, however, that "Legal Zoom" will gladly take money from anyone with "an idea" and a credit card. 

[The Sicatoka]

7 minutes ago, Walsh Hall said:

If someone is bloviating about the appearance of a conflict of interest, tune them out.  If there is an actual conflict of interest, with actual facts to support the claim, that’s something worth discussion.

From Port's chat with Armacost:

Quote

 

Armacost said he hasn’t spoken to Berry about his involvement, if any, in the formation of the business entity or the registration of the trademark. Asked if UND planned any further review of the matter to ensure that policies promoting ethics, and prohibiting conflicts of interest, had been followed, Armacost said the matter was “resolved” by transferring the trademark.

That ended the conflict, he argued.

 

Seems Armacost sees a now-resolved conflict. 

[The Sicatoka]

7 minutes ago, NoiseInsideMyHead said:

But if the jersey bombed, and didn't sell for $hit, the same ne'er-do-wells would be on here complaining that UND wasted taxpayer money on a useless trademark. Crystal balls, 20/20 hindsight, and all that. 

Very few businesses can afford to trademark or patent every single thing that might come along. Or would even want to. I do believe, however, that "Legal Zoom" will gladly take money from anyone with "an idea" and a credit card. 

UND has a guy on staff for such things. He's paid doing the TM or not, and the lawyer is always the biggest cost. (Now we'll find the lawyers here. )  

[Walsh Hall]

2 minutes ago, The Sicatoka said:

From Port's chat with Armacost:

Seems Armacost sees a now-resolved conflict. 

Which “resolved” the “appearance of conflict of interest” which means, nothing.

if there was an actual conflict that would be a potential termination worthy offense.