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tOSU trademark issues with BP

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Alan said:
buckfromscum.....i admire your intensity.....but, typical conversation with andy geiger is that i leave a vm for him and he gets back to me about two days later...so be patient...

i really think a james/stephanie speilman back of the shirt can take off....i will call chris speilman tomorrow...

can you guys trust me that i am working this the next few days???? this wont happen in 12 hours...
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Good plan BFS and Alan.

A little off-topic Alan, but what exactly do you do?
 
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not only are we going to reply to the email from brain downing.....he is getting a phone call from me tomorrow....

and he is going to get an education....and a possible media meltdown they dont want to see....

do you trust me???
 
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Good luck to the BP staff getting this resolved.

Is OSU legally in the wrong here? To my uneducated eye, it appears they are, but I'm no lawyer. If so, and you guys really want to take the gloves off, you could try to enlist help from the copyleft folks, like Lessig et al. Sites like BoingBoing love to publicize misuse of intellectual property laws.

Of course, it's in everyone's benefit if this can be resolved amiably.
 
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Alan said:
not only are we going to reply to the email from brain downing.....he is getting a phone call from me tomorrow....

and he is going to get an education....and a possible media meltdown they dont want to see....

do you trust me???
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Heck yes I trust you. What do you want me to do is the real question, as I am the one they contacted (and clarity is clearly not an option due to his sickness). Should we let the unofficial main communicator be Alan for the time being? Obviously we already decided that you should handle this mostly, I more mean in terms of handling the email response.
 
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exactly themile.....as much as i hate to say it....i agree with someone from that place up north...

this is a non-profit site that is contributing a portion of its proceeds to charity....if they dont get on board they are going to be reamed...

trust me...
 
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Can someone who has Grad's phone number please PM it to me? Because he really needs to be contacted about all of this, as I woudl consider him the authority in Clarity's absence, especially given his coolheaded nature.

I guess i just feel like Alan has the goods to get it done, but we need an equally intelligent mind to counterbalance Alan's approach (not that its wrong but rather that I think a good balance of action and diplomacy is vital here).
 
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What would I do if I were in your place is design the following:

back of t with a pink ribbon with stepanie spielmans thing on it...A1 choice because I am very confident I can get Chris to endorse it.....

special wish foundation logo....

keep the fron the way it is...just get the web addy into it....i know its not perfect.....but that is the only way....
 
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Alan said:
What would I do if I were in your place is design the following:

back of t with a pink ribbon with stepanie spielmans thing on it...A1 choice because I am very confident I can get Chris to endorse it.....

special wish foundation logo....

keep the fron the way it is...just get the web addy into it....i know its not perfect.....but that is the only way....
Click to expand...

:sick1:
 
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Just formulate a letter explaining that the site has no commercial purpose and that you aren't infringing their rights because you're not profiting off of them. They can't demonstrate lost revenues. Run it by a lawyer (free consultation) and stand up against them.

Then tell them to go after these guys:

http://www.buckeyeaz.gov/
 
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I will work up a mock t-shirt for them after my drawing class tomorrow (I have a HUGE assignment due in there at 8 AM)...

Can someone link me to Stephanie's page regarding all of this?
 
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Ohio is the Buckeye State how can OSU tell others they can't use the word Buckeye? Hundreds of businesses in Ohio are Buckeye something or other. I think Buckeye Lake should have to change it's name as well.
 
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I wish I had more time to address this but I don't.

I will try to look into it late tonight when I get home, but for now:

1. They don't need to show damages to get injunctive relief.

2. They are asserting some ridiculous claims in throwing everything they can at you, likely hoping you guys are unware of the law. For instance, accusing you of being a cybersquatter typically claims one of the following:

- You registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name
- You have registered the domain name primarily for the purpose of disrupting the business of a competitor
- By using the domain name, you have intentionally attempted to attract, for commercial gain, internet users to your web site or other online location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

I don't believe this is the case. The dillution argument is rather poor also, and would fail. They are just naming everything without good reason or research. . .
 
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I think you might be able to get their seemingly ridiculous claims to hold up in court however, because the features shown in the shirt - buckeye, grayish, and reddish, as well as a football - when combined only make one think of Ohio State football, as opposed to buckeye planet with no color (which could be argued as a high school shirt as well).

Great post kinch. We need as many legal minds on this matter as possible.
 
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