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Re: Youth sports, trademarks, domain squating and lawyers


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Posted by M. Arthur Auslander on May 07, 2003 at 23:16:28:

In Reply to: Youth sports, trademarks, domain squating and lawyers posted by SBBrown on May 07, 2003 at 17:01:09:

: This is very long, I apologize. But please read on. I could really use some advice. (The team names are made up, just to be on the safe side)

: I coach a local youth basketball team. When we decided on a name, the kids chose to be called "Richmond Rebels" basketball. Well into our season, I received a letter from an attorney representing an organization in our town called "Richmond Rebel" swimming. After receiving the letter, I called the attorney to try and settle the matter. He demanded that we
: 1. Transfer ownership of our .com address to them. (They have the same address, just .org and it hasn't been updated since 2001)
: 2. Stop using the name; it is infringement regardless of the basketball at the end of the phrase
: 3. and when I said we would change the name by going by using "North Bay" in front of "Rebels" instead of Richmond, he would not agree and said we can't use any part of the name or they would proceed with legal action (I doubt they own the word "rebels")

: I would not even bother to fight this, but we have spent over $1000 dollars on uniforms that have "Rebels" on the front. I don't get paid to coach and can't afford legal counsel. I do this for the kids. And I am sure most people involved with the swim team feel the same as me, but there are obviously some who have lost sight about why we volunteer for youth programs. I am ashamed that parents and other grown ups are spoiling youth sports by doing things like this.
: I could use some advice on this. Any would be greatly appreciated.

Dear SB Brown,
What is the date of first use in their Federal Trademark Registraion?

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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