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[SmootSmack]

Originally Posted by FRPLG

It does suck but ultimately I think we're getting too worked up. The content of the site will remain unchanged and that's what matters.

Exactly.

[Drift Reality]

This is the lamest thing I have ever heard. I work in online and personally, think that this approach of sending a cease-and-desist over trademark / IP infringement is such an archaic and old school approach.

It makes me sick. Sicker than the Redskins picking three receivers in round 2.

[firstdown]

Originally Posted by Drift Reality

This is the lamest thing I have ever heard. I work in online and personally, think that this approach of sending a cease-and-desist over trademark / IP infringement is such an archaic and old school approach.

It makes me sick. Sicker than the Redskins picking three receivers in round 2.

Archaic and old school, businesses use their branding more today then ever before and I can understand why they asked for us not to use their logo's. For all they know Matty is making money off this site while using their logo's so that makes sense. The domain name is what I don't get. They do not have a trade mark on the word redskin rather they have a trade mark on the way the logo is done. Like how the "R" is designed and associated with the NFL and the Redskins.

[riggins44]

I have a hard time understanding why the NFL is coming down on fan message boards. In my opinion, they would be better served to work with message boards. This would only promote the NFL and create tons of goodwill.

They should be able to see that there isn’t a monthly charge or any fees to be a member. The Warpath, like most all message boards, give you the chance to make contributions to defray the cost of running the site.

I understand copyrights and such, but most message boards are created by fans for fans. Instead of trying to have games all over the world, work with your real fan base. Help us to develop better sites to promote their product.

[Redskin Rich]

Perhaps you should no longer take advertising of NFL Licensed products?

All jokes aside (yes, that was a joke)... While they are being petty, they are within their rights about the logo's. I would not give them the domain without financial considerations. You can always tell them you plan to give the domain to a Native American Casino.

[Luxorreb]

F the NFL!
I'm just a season away from giving up!
It's the internet, let there be fans!
Bad protocol for the future I'm afraid...

[drew54]

I thought the name Redskins was no longer trademarked because the Native Americans lawsuit a few years back.

Washingtonpost.com: Redskins Are Denied Trademarks

[SmootSmack]

Originally Posted by drew54

I thought the name Redskins was no longer trademarked because the Native Americans lawsuit a few years back.

Washingtonpost.com: Redskins Are Denied Trademarks

I thought they won the appeal on that

[tryfuhl]

Originally Posted by drew54

I thought the name Redskins was no longer trademarked because the Native Americans lawsuit a few years back.

Washingtonpost.com: Redskins Are Denied Trademarks

got overturned fiddyleven times

[MTK]

Yes the team won the appeal otherwise we wouldn't be having this discussion.

[drew54]

Originally Posted by Mattyk72

Yes the team won the appeal otherwise we wouldn't be having this discussion.

Damn Appeal.

[Redskin Rich]

Originally Posted by Mattyk72

Yes the team won the appeal otherwise we wouldn't be having this discussion.

Matt,

Explain to me why they have the right to just take the domain name. Aren't you the legal owner of that name? I was under the impression that anyone could purchase a domain and then if someone else wanted it, they would have to purchase the domain name. I would think they should at least throw you a few G for it... and it would be less than their legal bills in trying to force it from you.

[JoeRedskin]

Originally Posted by Redskin Rich

Matt,

Explain to me why they have the right to just take the domain name. Aren't you the legal owner of that name? I was under the impression that anyone could purchase a domain and then if someone else wanted it, they would have to purchase the domain name. I would think they should at least throw you a few G for it... and it would be less than their legal bills in trying to force it from you.

Disclaimer: The following is based on about 10 minutes (maybe 20) of legal research and in no way represents a definitive statement of trademark law.

It's called trademark infringement. The NFL owned the rights to the name "redskins" before matty did. The NFL has registered trademarks for logos, names, etc. relating to the league and its teams. They are allowed to protect those trademarks and prevent others from "piggybacking" on their marks. Legally, they had the name and logos first and you can't use them to popularize your own ventures. This prevents others from unfairly profiting from the NFL's advertising/product and protects the NFL's product from being diluted by copycats.

Included in those protections is the right to obtain large punitive damages. These damages are intended to a) compensate trademark owners for having to sue to protect what is legally theirs; and b) discourage others from using the marks as a way to blackmail the owner (Pay me, and I'll stop, otherwise you'll have to sue me.).

Like patents, trademark protections are important to free trade and the market system. They are intended to insure that the person (or corporation) who takes the risk in creating a product and builds "good will" in that product is the person or entity that reaps the monetary rewards from that product.

While it sucks for us, and they may seem to be acting a little over the top, entities who have products with mass appeal are subject to "death by a thousand cuts" unless they aggressively protect their product. I wouldn't be surprised if NFL employs a small firm of attorneys whose sole purpose is to protect the integrity of their marks from small-time infringement like us.

I understand their purpose and intellectually accept the need for aggressive protection of trade marks.

Still sucks though.

Matty - my bill is in the mail.

[Redskin Rich]

Originally Posted by JoeRedskin

Disclaimer: The following is based on about 10 minutes (maybe 20) of legal research and in no way represents a definitive statement of trademark law.

It's called trademark infringement. The NFL owned the rights to the name "redskins" before matty did. The NFL has registered trademarks for logos, names, etc. relating to the league and its teams. They are allowed to protect those trademarks and prevent others from "piggybacking" on their marks. Legally, they had the name and logos first and you can't use them to popularize your own ventures. This prevents others from unfairly profiting from the NFL's advertising/product and protects the NFL's product from being diluted by copycats.

Included in those protections is the right to obtain large punitive damages. These damages are intended to a) compensate trademark owners for having to sue to protect what is legally theirs; and b) discourage others from using the marks as a way to blackmail the owner (Pay me, and I'll stop, otherwise you'll have to sue me.).

Like patents, trademark protections are important to free trade and the market system. They are intended to insure that the person (or corporation) who takes the risk in creating a product and builds "good will" in that product is the person or entity that reaps the monetary rewards from that product.

While it sucks for us, and they may seem to be acting a little over the top, entities who have products with mass appeal are subject to "death by a thousand cuts" unless they aggressively protect their product. I wouldn't be surprised if NFL employs a small firm of attorneys whose sole purpose is to protect the integrity of their marks from small-time infringement like us.

I understand their purpose and intellectually accept the need for aggressive protection of trade marks.

Still sucks though.

Matty - my bill is in the mail.

Wow... great post. I think everyone should contribute to your bill by giving you positive rep points... and let me be the first for this posting.

[SmootSmack]

Suddenly we all agree the name Redskins is offensive and should be changed