Re: Re: Re: Re: Youth sports, trademarks, domain squating and lawyers

Subject: Re: Re: Re: Re: Re: Youth sports, trademarks, domain squating and lawyers

Comments:
: : : : : 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 : : : : ELAINE's Workshop® : : : : E arly L egal A dvice I s N ot E xpensive™ : : : : Reality Check® : : : : : : I know they were incorporated in 1981. The letter from the attorney stated that they were trade marked. We have tried to research on the internet to see if they are or not, and cannot find anything saying they are. (We checked the uspto.gov website) : : Dear SBBrown. : : ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ was designed to catch things like this before they happen. : : The worst of the law is that even when you are right, the cost of proof may be more than the value of the fight even if you are right. : : Make the lawyer show you thier trademark registration. : : Incorporation is not the issue as much as likelihood of confusion. If they are bullying you and you get to court you will get a lot of sympathy with a bid legal bill on both sides. Early L egal A dvice I s N ot E xpensive™ and the Reality Check® were designed to try and catch these thing before they happen. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : I am no expert at this, but have studied the subject some. My understanding about the web site is that if they took you to court, they would have to prove that you were not using the web site for any purpose, which you are. Domain name squating came about when people were going out and getting the domain name of a large corporation before they could and then trying to sell it to them for a large fee. If you change the name to be "North Bay Rebels", then you are fine. YOu are right, they do not own and can not protect the word. If they could, The Duke Blue Devils could sue every amature team that shares the name Devils and that just will never happen. I also coach youth basketball and I understand your situation. I have a good friend that is a lawyer and likes things like this. I will try and see what he can come up with. If you have any details post em. I hate that parents do this also, take the game from the kids and make it their entertainment. Stick With it.

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