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tOSU trademark issues with BP

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Does anyone have any suggestions for changes I need to make to my t-shirt thread to make sure the process is legit (one example would be making sure all money is donation based)? please PM me with your suggestions...
 
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Also tell this #$!#^$*(@! to drive down Lane Ave. on gameday sometime and tell us they aggressively try to keep people from making money off the goodwill of tOSU.


BuckeyeFROMscUM said:
What a blessing it is to have Clarity back tonight to restore order to the ranks. His post is authoritative, thoughtful, and to the point. I was not too worried after hearing back from many of you but he has erased all doubts in my mind.

I guess what we've gathered from all of this is that there will be no excess t-shirt sales at the spring game. However it seems we have pretty good ground to stand on for producing t-shirts independently and giving them away to BP members (it goes without saying that you are heavily encouraged to make a donation).
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gost8 said:
Already got the mannaise jar marked donations ready to go. I am sure that after you hand the members their complimentary t-shirt they will be happy to donate some arbitrary amount depending on whether or not the shirt is long or short sleeve. :sneaky:
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i still like the stefanie spielman idea. maybe wrap a ribbon around www.buckeyeplanet.com on the front.

and if you don't like the stefanie thing, the feed martin fund is my personal fav :wink:. i can promise that 100% of all proceeds go to this worthy charity :p.
 
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The stephanie spielman thing definitely carries a lot of merit with it. We're gonna see what happens with Alan, and then decide how to proceed.

The benefit to doing something with Spielman (and perhaps splitting the profits somehow) is that we will have a lot more visibility, a truckload more sales, and it would be a great way to promote BP (tho that's a problem until we land that new server :)).

Anyway, we've come a long ways since I posted my sky is falling story a few hours ago. Thanks for all of your contributions everyone.
 
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Wow...what a read after a 5 inning 1-11 tailcutting in 30mph winds after a 1 hour bus ride:roll2:

Id say Clarity has tied the loose ends....

Guys who are feeling bad about the idea or whatever...don't be silly. Everyone here knows what your intentions are/were and we all appreciate it.

BFS...drink a cold one and relax bro. This will be handled.
 
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osugrad21 said:
Guys who are feeling bad about the idea or whatever...don't be silly. Everyone here knows what your intentions are/were and we all appreciate it.

BFS...drink a cold one and relax bro. This will be handled.
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Sadly that cold one has to be a mountain dew for now, per the rules on my campus (private christian school... tho its more of a choice to skip alcohol than a judgment of the stuff as being wrong vs. right)...

Anyway, I'll start dreaming about the spielman idea to cool myself down (good suggestions for the ribbon guys)...

And here I thought grad was the one we needed to bring some clarity to this thread. (pun intended)
 
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It makes you wonder if ESPiN or some other company will send a C&D on the video clips section. You might want to ask the lawyers that too just in case....

I don't know much about distribution of video but it wouldn't surprise me.
 
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I would hate to see Mili drop the hammer on Espin...:groove::groove::box::groove::groove:

harrydangler said:
It makes you wonder if ESPiN or some other company will send a C&D on the video clips section. You might want to ask the lawyers that too just in case....

I don't know much about distribution of video but it wouldn't surprise me.
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Huh.

I came back ito see if anything needs addressed but it looks like cool heads abound and nothing will come of this.

It appears that most of their claims, as to dillusion, passing off, etc., are irrelevant as no goods were sold. Only domain name issues and cyberlaw claims would then remain. This does not appear to be a case of cybersquatting and all should be good. . .

Not that anyone needs me, but I am an attorney who has studied trademark and cyberlaw quite a bit if anyone wants a free little opinion or two. . .
 
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I state with all sincere optimism that there is nothing to be concerned about with regards to domain name. If you read the trademark tutorial above, that is an accurate statement of the law as it can best be put in layman's terms. The university does own a trademark to the name "Buckeye". However, "Buckeye" is a generic term, and not solely attributable or identified with the Ohio State University. The term "Buckeye" has been registered in at least 100 trademarks, and only 17 of those have been registered by the Ohio State University.

Furthermore, in 1936 the name Buckeye was found to have lost any distinctiveness it may once have had: Burger Brewing Co. v. Maloney-Davidson Co., 86 F.2d 815 (6<SUP>th</SUP> Cir. 1936).

Finally, even where the defendant's and the plaintiff's trade names have a substantial degree of similarity, the two names may be, as a matter of law, not confusingly similar where the two names differed in at least one equally significant word. The word in this case being "Planet".

I will warn that Ohio State is represented iin trademark licensing and litigation by Vorys, Sater, Seymour & Pease. We're talking expensive lawfirm, with very smart, experienced attorneys. But, if you don't have the facts or the law on your side, none of that "should" matter.
 
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I will warn that Ohio State is represented iin trademark licensing and litigation by Vorys, Sater, Seymour & Pease. We're talking expensive lawfirm, with very smart, experienced attorneys. But, if you don't have the facts or the law on your side, none of that "should" matter.
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The attorney who signed the letter, Brian J. Downey, is likely Brian James Downey of Jones Day, a very well respected firm (typically considered one of the top 10 or top 5 in the nation).
 
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Sometimes you just have to wonder what certain dickweeds are really thinking about. This character Downing or whatever the hell is name is threatens a site composed of Ohio State football fans and blows this type of shit.

Doesn't this idiot realize that "BuckeyePlanet" is comprised of guys who go to the games, spend money at these games, are all decked-out in Buckeye gear at the games and pretty much all year round. WE all spend how many hundreds of dollars every year to having the latest and the greatest "Buckeye" stuff??? I'm sure that many of our more "well to do" members contribute big dollars to the Athletic Department every year also.

Hopefully this all gets straightened out. I've got enough Buckeye gear to last me the rest of my life. Although I'd love to add more to the collection, if anything comes of this I'll never spend another $.01 on ANYTHING that represents TOSU. NEVER!!
 
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