New Post: Bryce is Seeing Some Serious Heat (via thatsaclownquestionbro.com)

[malone1020]

Enough to know when the trademark is granted, I'd remove the shirts immediately. Keeping them up while the trademark is processing might lessen your chances of keeping the domain, but if you are raking in money, yeah, it'd be hard to stop. But like I said, I'd keep in mind the payday you might get for selling UA/Harper the domain.

Yeah - the fear is not knowing exactly when the TM is granted.  The return on the shirts I sell going forward might not be worth any hassle w/ lawyers. 

I'm not even sure Bryce's team/UA will want the domain, either.  UA will sell the apparel on the UA website.  Not sure what they'd do with my domain...

[Obed_Marsh]

Not sure what they'd do with my domain...

Squash it like a bug to avoid the risk of losing the legal right to that mark.

[malone1020]

Yeah - I would think they would like to prevent any harm to the brand via the domain.

Question is: since I had the domain before they filed for TM, do I have a right to keep it?  Or can they just shut me down w/out compensation?

[LostYudite]

I'm not even sure Bryce's team/UA will want the domain, either.  UA will sell the apparel on the UA website.  Not sure what they'd do with my domain...

They would re-point it at their website which sells the apparel.  Basically, they're going to want anything that gets people who think "that's a clown question, bro" to their website in the fewest number of clicks possible.

They will want the domain.  They will not like you selling shirts and won't really be swayed by "but I'm making a ton of money from them." 

[MarquisDeSade]

If we are talking about me, its something I know a fair amount about. When I was 11, I ran a website with a l
Enough to know when the trademark is granted, I'd remove the shirts immediately. Keeping them up while the trademark is processing might lessen your chances of keeping the domain, but if you are raking in money, yeah, it'd be hard to stop. But like I said, I'd keep in mind the payday you might get for selling UA/Harper the domain.

Please kill yourself immediately.

[JCA-CrystalCity]

OK, I promised not to talk about IP because I do not work in it, but I just have to ask - if their claim is to trademark apparel, does it apply to other uses like your domain address?  I can see the shirts beign a problem, but they seem late to block the website.  Essentially, you are squatting and have to be bought out, like Whitehouse.com.  Also, with a trademark, there is some sort of law on legitimate prior use.  I recall Budweiser running into this problem not only with Budweis beers from Czechoslovkia (it was before the Czech Republic and Slovakia became separate states) but also with a few prior Budweis-style beers in the US. None of this is meant as legal answers, just a feeble attempt at issue spotting.

[malone1020]

JCA - you make a great point.  Took a look at their TM filing again, and it's strictly with regards to the phrase on apparel.  When one files for a registered TM, the "class" of good/services needs to be declared.  In this case, it's solely for "wearing apparel."

I could care less about the tshirts.  I just did that because I wanted my own and then people just started buying them before I even made it public. 

More I research, the more it looks like this is how it will go down:

1) They'll send a C&D letter, trying to scare me into handing over the website (which I shouldn't have to do since I purchased it prior to their TM registration.)

2) If I don't fold, they'll do some investigation to see if they can prove that I purchased the domain "in bad faith" - i.e. squatting on it to turn and sell it.

3) Since that's not the case, it appears they can try to negotiate with me if they truly want the domain.  If not, I just have to make sure I don't do anything to denigrate the "brand."


It's all just semantics, really. Haha.  I just want to continue with the blog (it's not a clown blog, bro), and having purchased the domain has really helped with traffic, obviously. 

[MarquisDeSade]

I've had two domains in a similar situation.  One I negotiated a pretty decent payment for, the other I had to surrender.

[Obed_Marsh]

You might want to read through the Nolo materials or check one of their books out from the local library. 

Or you could send your money to GimmeYourMoneySucka@internetlawfirm.com.ng and avoid engaging in nerdy persuits in moldy libraries.

[MarquisDeSade]

Or you could send your money to GimmeYourMoneySucka@internetlawfirm.com.ng and avoid engaging in nerdy persuits in moldy libraries.

Will they have done a year of law school?

[Coladar]

Please kill yourself immediately.

Lol, my own personal stalker ladies and gentlemen. How has this assclown avoided suspension when PotCan got banned? Point out one incorrect fact in my post or shut the hell up and put me on ignore like any non-moron who clearly cannot stand a single thing I post would have done months ago. You'd stop wasting everyone's time reading your continual nagging. Do you think anyone wants to read this crap over and over again? I get it, everyone on the forum gets it. You think I'm a moronic dumbass who posts twenty times more content than needed. I was able to ignore it for a while, but now it seems like every time I post its the exact same waste of your, mine and everyone else's time. Much as I make a point to avoid conflict, this is getting ridiculous.

Oh,  btw, I've gained the ability to see the future. Your reply? "That crap is too long, no one's wasting their time reading that moronic crap. Go kill yourself, then go ram a metal pipe up your ass." Whee. When you are that predictable, and wasting your time posting that crap every single time I post, maybe you should take your own advice since your life is clearly so empty that this is all you spend your time doing. Just go run the wheels of steel into the nearest intersection, and all the pain and frustration will finally be over. You'll be dearly missed, but I think we will get over it.

*edit to add* If he refuses to ignore me, can we get a mod to go into his account and put me on permanent ignore? This is getting ridiculous, his posts are venturing more and more into personal attacks, and its dredging the quality of the forum to nearly every thread I post to the gutter. At this rate I think a forced vacation wouldn't be unearned, but I'll settle for just never having to read his garbage and attacks toward me again.

[Obed_Marsh]

Will they have done a year of law school?

No but sending $15,000 via PayPal to GimmeYourMoneyNeedleDick@internetlawschool.com.ng will get you a bonafide internet law degree.

[MarquisDeSade]

hyperbole

Get a sense of humor.

[MarquisDeSade]

No but sending $15,000 via PayPal to GimmeYourMoneyNeedleDick@internetlawschool.com.ng will get you a bonafide internet law degree.

Are they part of the 1-800-UHAVEALAWYER brand?

[PowerBoater69]

Lol, my own personal stalker ladies and gentlemen. How has this assclown avoided suspension when PotCan got banned? Point out one incorrect fact in my post or shut the hell up and put me on ignore like any non-moron who clearly cannot stand a single thing I post would have done months ago. You'd stop wasting everyone's time reading your continual nagging. Do you think anyone wants to read this crap over and over again? I get it, everyone on the forum gets it. You think I'm a moronic dumbass who posts twenty times more content than needed. I was able to ignore it for a while, but now it seems like every time I post its the exact same waste of your, mine and everyone else's time. Much as I make a point to avoid conflict, this is getting ridiculous.

Oh,  btw, I've gained the ability to see the future. Your reply? "That crap is too long, no one's wasting their time reading that moronic crap. Go kill yourself, then go ram a metal pipe up your ass." Whee. When you are that predictable, and wasting your time posting that crap every single time I post, maybe you should take your own advice since your life is clearly so empty that this is all you spend your time doing. Just go run the wheels of steel into the nearest intersection, and all the pain and frustration will finally be over. You'll be dearly missed, but I think we will get over it.

*edit to add* If he refuses to ignore me, can we get a mod to go into his account and put me on permanent ignore? This is getting ridiculous, his posts are venturing more and more into personal attacks, and its dredging the quality of the forum to nearly every thread I post to the gutter. At this rate I think a forced vacation wouldn't be unearned, but I'll settle for just never having to read his garbage and attacks toward me again.

Sanity

(At least the portion I read.)

[MarquisDeSade]

Sanity

(At least the portion I read.)

[Obed_Marsh]

Are they part of the 1-800-UHAVEALAWYER brand?

A similar concern however neither have entered into any discussions regarding mutual branding. Given the iniate tendancy of lawyers to append their names everywhere just like a dog pees on a fire hydrant one could consider it only a matter of time.

[nats2playoffs]

Bryce Harper uses ‘Clown Question Bro’ beer to raise money for fallen policewoman in Denver

http://www.washingtonpost.com/blogs/nationals-journal/post/bryce-harper-uses-clown-question-bro-beer-to-raise-money-for-fallen-policewoman-in-denver/2012/06/28/gJQArErc9V_blog.html

...Denver Beer Co. brewed a small, special batch of Canadian lager and named it, “Clown Question Bro.” They tapped the first keg Monday afternoon, in time for the Nationals’ arrival in Colorado. Early this week, Charlie Berger, the co-owner of the brewery, received a surprising call: it was someone in Harper’s camp, and he wanted to talk about the profits from the beer. On Monday morning, after the Nationals had arrived in Denver, Harper learned from local news reports about the killing of Officer Celena Hollis, a veteran policewoman who was raising a 12-year-old daughter on her own. Harper had recommended Denver Beer Company donate a chunk of the proceeds to a memorial fund that will support Hollis’s daughter... Berger said the brewery will act on Harper’s idea and donate to the Celena Hollis Memorial Fund...