failure to protect one's trademark -- MV Silverbacks

[ChampionOfSteel]

There's a team in London, Ontario that is using your team colors, mascot and what appears to be former artwork used by the Troy Ohio team for its semi-pro team in the NAFL:

http://www.londonsilverbacks.com/

Failure to respond forfeits your right to sue anyone in the future using your logo to print t-shirts and baseball caps for their own gain, like a vendor in and around the Troy Ohio area seeking to make a quick buck, correct?

The artwork of the ape on their banner looks mighty familiar to what I saw in prior years on the Troy website: http://www.londonsilverbacks.com/images/banner.jpg

On the other hand, maybe I got it all wrong? Maybe the Ontario version of the Silverbacks team existed first and that's why the Troy team changed its cartoon artwork of an ape to what we see today?

Nothing like a little controversy to begin the indoor season. Hehehehehehehe (Peter Griffin chuckle).

Who owns what? Who had it first? Giggity giggity goo!!!!!

[Sykotyk]

Most non-AFL/AF2 teams never trademarked their works.

Secondly, there isn't any jurisdiction of the USPTO in Canada. Thirdly, the nickname is not trademarked, it's the whole name, such as "Philadelphia Eagles". Another team can call themselves the eagles.

And because the name silverbacks is associated with apes/primates/etc, you can't forbid another team called the Silverbacks from using apes/primates/etc as part or all of the logo.

Learn a few things first before you start spouting off again. We were enjoying your reprieve.

Sykotyk

[Jamie]

Learn a few things first before you start spouting off again. We were enjoying your reprieve.

It was too good to be true.

[ChampionOfSteel]

Most non-AFL/AF2 teams never trademarked their works.

Secondly, there isn't any jurisdiction of the USPTO in Canada. Thirdly, the nickname is not trademarked, it's the whole name, such as "Philadelphia Eagles". Another team can call themselves the eagles.

And because the name silverbacks is associated with apes/primates/etc, you can't forbid another team called the Silverbacks from using apes/primates/etc as part or all of the logo.

Learn a few things first before you start spouting off again. We were enjoying your reprieve.

Sykotyk

Ahhhh, you're evading the issue. I asked for directions to Tennessee and you talk about oranges in Florida.

Who owns the trademark to the silverback artwork that currently appears on London's website? Could of sworn I saw that same identical artwork on Miami Valley's website in prior years. Yes? No?

[ChampionOfSteel]

Most non-AFL/AF2 teams never trademarked their works.

The CIFL has the letters TM imprinted on each of their teams' computer wallpaper
pictures in the below link from last year. Are you saying there's a good chance the CIFL did that for the heck of it and there's nothing officially on file?

http://www.continentalindoorfootball.com/index.php?option=com_content&task=section&id=12&Itemid=29

[ChampionOfSteel]

http://en.wikipedia.org/wiki/Trademark

This is sort of interesting:

"However, in various jurisdictions it is unlawful to use the ® symbol in association with a mark when that mark is not registered. Either symbol is typically placed in the top left- or right-hand corner of a mark."

Grant it, we are talking about TM not R (R with a circle around the R).

"...while unregistered trademark rights may be enforced pursuant to the common law tort of passing off. "

Maybe it's ok to put TM on your pictures without sending/filing your artwork with some government agency?

Any lawyers on this board that can explain this in understandable terms?

What's keeping someone from selling hats/t-shirts across the street from Hobart arena on game day?

[Tatonka]

The CIFL has the letters TM imprinted on each of their teams' computer wallpaper
pictures in the below link from last year. Are you saying there's a good chance the CIFL did that for the heck of it and there's nothing officially on file?

http://www.continentalindoorfootball.com/index.php?option=com_content&task=section&id=12&Itemid=29

The logo being used in Canada was discarded by Miami Valley before they even suited up in the AIFL, let alone the CIFL. It was most likely discarded after the current owner took the franchise over when it was still in it's infancy. If anyone ever "owned" that logo in the first place, it isn't a current member of the Silverbacks or the CIFL, so I don't see what the point is here in ripping them or the league?

Enough questionable things are happening in this and other leagues, and this is the crap you choose to pick a fight about? No wonder no one around here can stand you...

[Bruiser]

What's keeping someone from selling hats/t-shirts across the street from Hobart arena on game day?
The basic principles of supply & demand come to mind.

[Bruiser]

No wonder no one around here can stand you...
I kinda enjoy his TV show.

[rams80]

I kinda enjoy his TV show.

It's gotten worse over the last couple of years....they need new jokes as opposed to repeated the same old shticks over the course of each episode.

[Jamie]

The logo being used in Canada was discarded by Miami Valley before they even suited up in the AIFL, let alone the CIFL. It was most likely discarded after the current owner took the franchise over when it was still in it's infancy.

IIRC...

The logo in question was designed by the original owner's (Timmons) girlfriend, and was discarded by the new owner before the first season started.

I also recall, some discussion here or on the old AIFL board, that Timmons' design was a blatent ripoff of some Div III college's logo...

So, the Canadian team is actually ripping off that college. The Silverbacks would have no interest in, or grounds for, defending that design.

So, instead of directions to Tennesee OR Florida, howabout Timbuktu?

[Sykotyk]

First thing that popped into my head was Pittsburg State (the Gorillas) of NCAA D-II.

Although they don't outline the head, they use the front-on facial features in a split-color logo.

As for CoS, if you want a lawyers advice, why not pay one? If there's one thing you should realize before you go out and get your first job is that nothing in this world is free.

Here's one, on me.

A poor man's copyright is any work not submitted to the USPTO. You can sue for a cease and desist, but you cannot sue for monetary damages.


Again, to echo Tatonka, what is your beef here?

Sykotyk

[Bruiser]

It's gotten worse over the last couple of years....they need new jokes as opposed to repeated the same old shticks over the course of each episode.
Oh. I'm just now watching reruns of prior years on WGN.
Perhaps when I've caught up to the rest of you I'll adopt
your current sour opinion of CoS.

[ChampionOfSteel]

Again, to echo Tatonka, what is your beef here?

No beef.

I Googled Silverbacks football to get some schedule information and I get London Silverbacks of the NAFL to appear. So what the heck I click on the link....

The London variety were also football (first bad sign), within reasonable driving distance to Troy, Ohio (second knock), used the same team colors (oh boy ... third knock), and had a recognizable artwork that caught my eye that I believe was identical to what I saw on the MV Silverback website in prior years (lawsuit?!).

This in turn reminded me of the Notre Dame incident whereby a Catholic high school in Ohio (I think it was in Ohio) had to tear-up their fighting Irish guy artwork on their basketball court. If Notre Dame did not protect their artwork anyone could start copying the ND Irish guy with his hands clenched in fists at will. This made national headlines. Notre Dame HAD to complain and insist the basketball court be torn up in the center circle.

That is what prompted me to post. Someone was potentially using trademarked CIFL team artwork (assuming the MV Silverbacks owned it and it wasn't vice-versa). Failure to respond will put the CIFL in trouble, just like Notre Dame was pressured to go after the high school.

Next week I'll comment on royalties not paid for the music played over the sound system during indoor games between plays. Some of you will be surprised such a law exists and a moment later will blame me for bringing it up. (Peter Griffin giggle -- heheheheeeeheheheee).

You guys aren't sensitive to detail. I don't see a commitment to continous process improvement from the league administrators/significant team boosters on this website, again this year.

You guys have a reactive rather than a proactive mindset. That is not good.

[Tatonka]

Um, the CIFL and their member teams (most of 'em anyways) pay a licensing fee to ASCAP to play the tunes in their arenas. So no, none of us are surprised in the least.

Seriously, go crawl back into your hole.

[Jamie]

We really should stop feeding the troll...

[Bruiser]

We really should stop feeding the troll...
can we still keep poking him with a stick?

... oh wait ...(paranoid frenzy)... were you talking about me?

[Jamie]

no








(extra words because OSC does not allow one word responses)

[jeffspitaleri]

Team History:
http://www.londonsilverbacks.com/history_team_general.html - they were around a couple years before the AIFL and the Silverbacks even existed.

CIFL trademark info can be found at www.uspto.gov and doing a trademark search for CIFL.

The individual team logos are designed and a copy is mailed to the team to have a postmark so if a team doesn't feel the need to get the TM, they still have the protection that was mentioned before showing they have been using the logo and the date.