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tOSU trademark issues with BP

Discussion in 'Administrative' started by jwinslow, Mar 1, 2005.

  1. jwinslow

    jwinslow A MAN OF BETRAYED JUSTICE Staff Member Tourney Pick'em Champ

    Update: for all of you reading this after the dust has settled, don't get too worked up by these early posts. By the end of this thread we have debunked almost all of their threats, Clarity has shown up and pretty much said this is nothing, and in addition we have a huge asset in our corner in Alan. Just wanting to dissuade any panic you might have when reading this...
    ---

     
    Last edited: Mar 5, 2005
  2. Buckeye513

    Buckeye513 Stable Genius

    So, uh, what's going to happen?
     
  3. jwinslow

    jwinslow A MAN OF BETRAYED JUSTICE Staff Member Tourney Pick'em Champ

    I really am at a loss for words.

    Pretty much I'm hoping they have taken a generic look at this instance and assumed we were a website trying to steal from their trademark and from their "affiliations" for our profit. However we have not produced ANY t-shirts, have not made ANY money, and have contacted them many times about ensuring a license from them.

    Please, some legal types give us some help on this crap
     
  4. MililaniBuckeye

    MililaniBuckeye The satanic soulless freight train that is Ohio St Staff Member Tech Admin

    Then they'd better take action against Bucknuts.com, too...I'd like to see them take action against me for having my "www.mililanibuckeye.net" site. Besides, your T-shirts had nothing resembling any OSU logo. Fuck 'em.
     
  5. strohs

    strohs Go Bucks!

    un-fucking-believable.

    Shit like this just makes me sick.
     
  6. jwinslow

    jwinslow A MAN OF BETRAYED JUSTICE Staff Member Tourney Pick'em Champ

    Someone please clue me in on:

    1) Exactly what the deal was with their t-shirt sale
    2) Is bucknuts affiliated with tOSU via scout.com?
     
  7. Bloodninja

    Bloodninja Elefante Gigante

    Are you fucking kidding me? Are they seriously saying that we will have to change the name of the site? Thank god we haven't sold anything yet. I feel disrespected as a loyal, diehard buckeye fan. I can't even talk about that shit anymore. TOTAL BULLSHIT!
     
  8. Ratboy18

    Ratboy18 Freshman

    does that mean a press pass for the spring game is out of the question?


    Is there a disclaimer anywhere that identifies BP as a fan site that is not affiliated with the usual suspects? (YEP - IN BOLD AT THE BOTTOM)

    That is how people like TheOSUStore get away with crap.

    Can the T-Shirt movement be taken underground and conducted via PM?

    Can't the argument be made that since all flavors of Ohio sports (HS,NCAA, and PRO) that the "Buckeye" in Buckeye Planet is representative of the Buckeye State?
     
  9. sears3820

    sears3820 Sitting around in my underwear.... Staff Member

    Where's BuckeyeNation12 when you need him!?!?!?!?
     
  10. Buckeyeskickbuttocks

    Buckeyeskickbuttocks Z --> Z^2 + c Staff Member

    put up a banner saying "not affiliated with Ohio State" and be done with it. (edit: I see that that already exists, so... seems to me their on-line investigation team hasn't checked us out very thourougly)

    There have been no sales of anything trading off the Ohio State name. Send them a letter, say, you were inquiring about the ability to do so, not that you have done so. Assure them you have not done so. Tell them that BP exists as a fan forum, the same as those run by scout.com and insiders.com (except that ours is not for profit), and has made it clear that it is not for the purposes of profit. The Donations bit on the front page is evidence of that.

    Someone needs to get in touch with c-dog. this could be serious.
     
  11. BuckeyeNation27

    BuckeyeNation27 Goal Goal USA! Staff Member

  12. BrutusBobcat

    BrutusBobcat Icon and Entertainer

    From what I am reading there, it would appear that they think that BP exists for the purpose of merchandise sales. They may not have even visited the website.

    "your registration and use of the domain name buckeyeplanet.com website to sell items replete with OSU trademarks and traditional colors"

    The key item here is "sell". It is very difficult to claim a trademark violation against any entity which is not receiving revenue, because there are no "damages".

    Maybe a lawyer on here can state it more definitively, but my understanding of this situation would be that so long as this site never sells anything, there's not much actionable.
     
  13. Buckeyeskickbuttocks

    Buckeyeskickbuttocks Z --> Z^2 + c Staff Member

    I'm not a patent lawyer, but this sounds generally correct.
     
  14. BrutusBobcat

    BrutusBobcat Icon and Entertainer

    Re-thinking this for a second -- could this be why the O-Zone changed their domain name and gave their "Go-Bucks" domain name to OSU? Maybe that wasn't such a charitable act -- maybe it was forced??
     
  15. jwinslow

    jwinslow A MAN OF BETRAYED JUSTICE Staff Member Tourney Pick'em Champ

    someone please give me details about the bucknuts.com t-shirt.

    I will formulate an official response and run it by everyone here before sending it back. We have 3 days to respond, no need to be hasty here
     

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