The "NODAK" Trademark

[Langster019]

I wonder if there’s a loophole of some kind as the university can play it off as “NoDak Fighting Hawks” as it’s a shortened version of the state’s name. Certainly no trademark wizard but just curious as that’s such a publicly used moniker in the region. 

[Frozen4sioux]

2 minutes ago, The Sicatoka said:

So educate us. Take the teeth right out of Port before the bite gets deeper. 

Port.... not exactly the 1st or 2nd string of reporters who've passed on this story already.

[UNDBIZ]

1 minute ago, Langster019 said:

I wonder if there’s a loophole of some kind as the university can play it off as “NoDak Fighting Hawks” as it’s a shortened version of the state’s name. Certainly no trademark wizard but just curious as that’s such a publicly used moniker in the region. 

If she actually tries to press UND on it, the university could argue NODAK is public domain as a shortening of North Dakota.

[The Sicatoka]

2 minutes ago, UNDBIZ said:

If she actually tries to press UND on it, the university could argue NODAK is public domain as a shortening of North Dakota.

It is the old postal abbreviation, sorta:  No. Dak. 

[The Sicatoka]

4 minutes ago, Frozen4sioux said:

Port.... not exactly the 1st or 2nd string of reporters who've passed on this story already.

Shoot the messenger? Nice. 

Or are you saying Schlossman and/or Miller knew and went go-along-get-along. That ain't a good look either. 

[ChrisUND1]

12 minutes ago, The Sicatoka said:

If it was acquired to gift to UND, why's she sitting on it since September 2020? As an "asset" it's done nothing but appreciate since dad put it on jerseys twice. You have to admit that looks a tad shady. 

Sep 2020 worth: whatever the filing paperwork cost
Nov 2022 worth: I can't fathom 

Speculation:  

Brad’s articles have detailed the time it takes to get a new design created and produced.  The timeline checks out that the NODAK jersey idea was born around September 2020.  Berry-an insider, files the paperwork, knowing how popular they will be.  The new jerseys are released in 2022.  

[AlphaMikeFoxtrot]

Here's a link with no paywall.

https://www.therinklive.com/mens-college/nchc/port-und-doesnt-own-the-trademark-for-hugely-popular-nodak-jerseys-but-the-hockey-coachs-daughter-does

Holding judgment until more details are released. Port is anti-higher ed and the sports involved so he's excited to strike a blow at UND hockey.

[The Sicatoka]

4 minutes ago, ChrisUND1 said:

Speculation:  

Brad’s articles have detailed the time it takes to get a new design created and produced.  The timeline checks out that the NODAK jersey idea was born around September 2020.  Berry-an insider, files the paperwork, knowing how popular they will be.  The new jerseys are released in 2022.  

Got a link to the article you mention? 

The timeline mention only makes things look worse. (Smoking gun?) 

The NODAK whites were 2021; the Vegas were 2022. 

[MafiaMan]

2 minutes ago, AlphaMikeFoxtrot said:

Here's a link with no paywall.

https://www.therinklive.com/mens-college/nchc/port-und-doesnt-own-the-trademark-for-hugely-popular-nodak-jerseys-but-the-hockey-coachs-daughter-does

Holding judgment until more details are released. Port is anti-higher ed and the sports involved so he's excited to strike a blow at UND hockey.

I have a hunch he’d have gladly written this article had it involved NDSU football too.  

[Frozen4sioux]

3 minutes ago, AlphaMikeFoxtrot said:

Here's a link with no paywall.

https://www.therinklive.com/mens-college/nchc/port-und-doesnt-own-the-trademark-for-hugely-popular-nodak-jerseys-but-the-hockey-coachs-daughter-does

Holding judgment until more details are released. Port is anti-higher ed and the sports involved so he's excited to strike a blow at UND hockey.

This. This is a huge part in understanding who they had to drop down to in order to get someone to write story.

 

Just now, MafiaMan said:

I have a hunch he’d have gladly written this article had it involved NDSU football too.  

Yes.

[Oxbow6]

9 hours ago, siouxkid12 said:

I find it funny that Port found this out but yet Brad Schlossman is silent on the matter.

Brad still trying to find data that masks are effective.......

[Oxbow6]

Port is not McFooly. 

[The Sicatoka]

6 minutes ago, Frozen4sioux said:

This. This is a huge part in understanding who they had to drop down to in order to get someone to write story.

I won't be surprised if the Herald and the Forum editorial boards are drafting their weekend editorial opinions right now. 

[Shawn-O]

1 hour ago, Oxbow6 said:

So how many in the upper channels of the athletic department knew about as early as we week ago? 

Push all your chips in to the middle on the under. 

Depends on who you mean.  Under normal circumstances, the AD.   REA upper channels, sure.    

[Walsh Hall]

A search on the ND Secretary of State's website shows a ton of trademarks/business's which include Nodak.  I see that UND has "Nodak Nation."  I'm not so sure just "Nodak" would survive a legal challenge as a trademark. 

[Shawn-O]

4 minutes ago, Walsh Hall said:

A search on the ND Secretary of State's website shows a ton of trademarks/business's which include Nodak.  I see that UND has "Nodak Nation."  I'm not so sure just "Nodak" would survive a legal challenge as a trademark. 

You're on the right track.  Try MN. 

https://www.trademarkia.com/

[The Sicatoka]

1 minute ago, Walsh Hall said:

A search on the ND Secretary of State's website shows a ton of trademarks/business's which include Nodak.  I see that UND has "Nodak Nation."  I'm not so sure just "Nodak" would survive a legal challenge as a trademark. 

Fair point.

But UND's 2015 "NODAKS" was approved by the US trademark office. (UND released it after it lost based on dates in link.) 
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:l442wj.2.2 

[tnt]

52 minutes ago, UNDBIZ said:

I'd take a wait and see approach on that statement.

If Berry was all about money, why did he gift those scholarships to students last year?   

[Walsh Hall]

If NODAKS was the school moniker that would be a secondary meaning outside the standard connotation and would be a valid trademark.  As the school name is not "Nodak" it could be assumed that "Nodak" is just the common contraction for North Dakota and thus not trademark protected.   I don't believe that "North Dakota" was trademarked when that was on the hockey jerseys.

[The Sicatoka]

Here's the link to the US Patent and Trademark Office doc from Port's article:
https://tsdr.uspto.gov/documentviewer?caseId=sn90202844&docId=APP20200926112211#docIndex=14&page=1   

FIRST USE ANYWHERE DATE    At least as early as 09/07/2020
FIRST USE IN COMMERCE DATE    At least as early as 09/07/2020
The application for TM date signed is 9/26/2020. 

How's that align to Schlossman's article? 

And can anyone find where she's used it in commerce (as claimed)? 

[SWSiouxMN]

1 hour ago, The Sicatoka said:

Whups.

https://www.grandforksherald.com/opinion/columns/port-und-doesnt-own-the-trademark-for-hugely-popular-nodak-jerseys-but-the-hockey-coachs-daughter-does 

Um....

 

[The Sicatoka]

2 minutes ago, Walsh Hall said:

If NODAKS was the school moniker that would be a secondary meaning outside the standard connotation and would be a valid trademark.  As the school name is not "Nodak" it could be assumed that "Nodak" is just the common contraction for North Dakota and thus not trademark protected.   I don't believe that "North Dakota" was trademarked when that was on the hockey jerseys.

You sure?
It's listed as a TM here: https://campus.und.edu/brand/licensing.html 

What's not listed? NODAK

[The Sicatoka]

Listen close and "Harry" sounds like ... "Berry".  

[Blackheart]

I don't care who wrote the story...the optics on the whole thing suck for UND.  Either UND knew about this issue and didn't care or they didn't know, which would make them quite lame and kinda bad at their job. 

[Walsh Hall]

I'm doing a cursory review, but I don't see just "North Dakota" as being trademarked.  It it was, it would be a specific color/font...  I do see that UND had these (2) but they indicate as expired.

 

UNIVERSITY OF NORTH DAKOTA (THE WORDS)UNIVERSITY OF NORTH DAKOTA

0002548144Inactive - Expired01/19/1994

UNIVERSITY OF NORTH DAKOTA (THE WORDS) ALONG WITH THE WORDS "LUX ET LEX" WITHIN A ROUND SEAL. SEAL ALSO BEARS IMAGE OF A TREE, PLOW & RISING SUNUNIVERSITY OF NORTH DAKOTA

0002547157Inactive - Expired01/19/1994