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A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

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  • #31
    Originally posted by bigblue_dl View Post
    Why is it that posters like Osorojo and hokydad always show up and send a perfectly good thread down the ****ter?
    Because Tech fans can't have nice things.
    bueller: Why is the sunset good? Why are boobs good? Why does Positrack work? Why does Ferris lose on the road and play dead at home?

    It just happens.


    nmupiccdiva: I'm sorry I missed you this weekend! I thought I saw you at the football game, but I didn't want to go up to a complete stranger and ask "are you Monster?" and have it not be you!

    leswp1: you need the Monster to fix you

    Life is active, find Balance!massage therapy Ann Arbor

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    • #32
      Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

      Originally posted by Dirty View Post
      Hell yes. I'm for anything and everything that reflects poorly on NDSU.
      It's amazing how he just walked right into that...

      "I have come up with a plan so cunning you could stick a tail on it and call it a weasel. ."
      -Blackadder
      "I'm shocked, shocked to find that gambling is going on in here. "
      -Casablanca
      "They could maybe hire another officer to catch the illegal immigrant drug dealers breast feeding at Dunkin' Donuts or whatever it is! Thank you!"
      -Somerville Speakout

      2008 POTY

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      • #33
        Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

        Thanks for all the corrections. I was under the impression there was an objection to the "Fighting Sioux" nickname made by someone who was able to obtain a legal injunction against UND using this name. Apparently this is not so. The Sioux people reportedly love UND's use of their name so there is actually no problem, and I have stumbled into a thread of light-hearted banter about a purely hypothetical situation. Sorry. Get on with your playful quibbling.

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        • #34
          Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

          Actually, the sues' biggest problem is that when the BTHC comes about, Minnesota will no longer play any games against the sue. The suzy will instead switch to a larger and more impressive rivalry against BSU.
          XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXX


          The reason for the talent in the west? Because MN didn't rely on Canada.

          Originally posted by MN Pond Hockey
          Menards could have sold a lot of rope

          this morning in Grand Forks if North Dakota had trees.

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          • #35
            Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

            Originally posted by Happy View Post
            Actually, the sues' biggest problem is that when the BTHC comes about, Minnesota will no longer play any games against the sue.
            Then we won't have any gameS thrown out because it'll lower our PWR.
            "My greatest achievement."
            Dirty on getting me suspended from USCHO.

            I'm not an alcoholic! I'm an independent beer taster for Anheuser Busch.

            Happy~Smelling like a warm turd sandwich since 11/15/07.

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            • #36
              Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

              I don't know the legalese behind this kind of thing. I think the original post was getting at this...is there anything stopping a company from making Fighting Sioux gear after the University stops using it? If a fan could buy a UND Whatevers jersey from the University store or a Fighting Sioux jersey from the sporting goods store across the street, what do you think he or she would buy? Even if it isn't officially licensed stuff, if it is high quality and uses the same artwork, I can't see the stuff not selling.
              Having a clear conscience just means you have a bad memory or you had a boring weekend.

              RIP - Kirby

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              • #37
                Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                Originally posted by bigblue_dl View Post
                I don't know the legalese behind this kind of thing. I think the original post was getting at this...is there anything stopping a company from making Fighting Sioux gear after the University stops using it? If a fan could buy a UND Whatevers jersey from the University store or a Fighting Sioux jersey from the sporting goods store across the street, what do you think he or she would buy? Even if it isn't officially licensed stuff, if it is high quality and uses the same artwork, I can't see the stuff not selling.
                I don't know the legal stuff either, but I'd think they could use the fighting Sioux, but don't think the could use UND and profit from it.
                "My greatest achievement."
                Dirty on getting me suspended from USCHO.

                I'm not an alcoholic! I'm an independent beer taster for Anheuser Busch.

                Happy~Smelling like a warm turd sandwich since 11/15/07.

                Comment


                • #38
                  Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                  From my understanding, a logo or trademark is not open to the public sphere unless the owner ceases to fight for its protection. While the school may not continue to use the logo or trademark, they still have the right to protect from its unlicensed use by others. They can still send cease and desist letters and even sue for damages from those who made a profit off of it.

                  This makes sense if you think about it, no company would ever update their logo or slogan if they knew people could make money off their old one, or even worse use that old logo to somehow put their company or product in a bad light.

                  With most schools' budget problems, why wouldn't they continue to fight for damages?
                  University of Minnesota Duluth Bulldogs
                  2007 Alumni
                  WCHA Regular Season Champions: 1984, 1985, 1993
                  WCHA Tournament Champions: 1984, 1985, 2009
                  NCAA Appearances: 1983, 1984, 1985, 1993, 2004, 2009, 2011
                  Frozen Four Appearances: 1984, 1985, 2004, 2011
                  National Champions: 2011

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                  • #39
                    Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                    Originally posted by darker98 View Post
                    I don't know the legal stuff either, but I'd think they could use the fighting Sioux, but don't think the could use UND and profit from it.
                    I know DU has given the students and alumni free reign to use Boone's image as they please. There are no copyright or trademark issues with DU or Disney who created the original Boone image. One person is making Boone jewelry, others have made T-shirts for various games and events, goalies at school and in the pros have put Boones on their equipment, signs have been made for events and games and of course the alumni funded the costume that the current non-sanctioned Boone wears to DU events. The funny thing is that the new Boone appears in promos for athletic events even though he is "unofficial".
                    Last edited by du78; 02-17-2011, 08:25 PM.
                    DU HOCKEY 1958 1960 1961 1968 1969 2004 2005 2017 NCAA CHAMPIONS

                    DU SKIING 1954 1955 1956 1957 1961 1962 1963 1964 1965 1966 1967 1969 1970 1971 2000 2001 2002 2005 2008 2009 2010 2014 2016 2018 NCAA CHAMPIONS

                    DU LACROSSE 2015 NCAA CHAMPIONS

                    MATT CARLE WINNER OF 2006 HOBEY BAKER AWARD


                    Geoff Paukovich: That's why I came to Denver, to beat CC.

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                    • #40
                      Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                      Originally posted by Osorojo View Post
                      If North Dakota were for some reason adopt "The Lady Ga-Ga's" as their nickname they would be stopped in a flash. Same goes if they were to call themselves "The Fighting U.S. Marines." What in blazes besides bigotry makes any person or group think they can use the name of another person or group to identify themselves and turn a profit?
                      I just crapped my pants laughing and burst into tears while rocking in the fetal position on the floor. No joke… Is Osorojo a Ga Ga fan?

                      Originally posted by Osorojo View Post
                      Knights, Utes, Cowboys, Bozos, Mariners, Canadiens, Dimwits, Yankees, Irish, even Redskins - all are collective, non specific nouns and the law deems members or wanna-be members of such groups are not harmed by misuse or profitable use of these names. To belabor the obvious: you can call your outfit "The Fighting Warriors" or "The Fighting Soldiers," but you can't call them "The Fighting U.S. Marines" no matter how much money an alum donates.
                      "Sioux" and "Seminole" are two specific nouns which denote specific, discrete groups of people with common social, tribal and economic interests. Unauthorized public use of their names would seem to constitute identity theft. Sports fans are assuredly tribal in nature, but let them create their own identities and totems rather than pirate and rely upon the reputations of others.
                      Is Fighting Sioux more offensive than Fighting Utes?
                      Follow the link. You tell me. Even OJ should be able to understand this material.

                      You know what I find offensive?
                      An old man, who I refer to as OJ, or O****j*, having internet access in his minimum security prison or mental hospital.
                      Originally posted by vizoroo
                      Thought you had picked the avatar so we could id you. Guess he fooled me too.
                      Originally posted by duper
                      I obviously missed it, but it sounds like some idiot from CC took trolling to a whole new, totally inappropriate level.
                      Originally posted by duper

                      I was well over the borderline. I figured I would meet you on your turf.
                      Originally posted by duper
                      Every time you post like an *******, I want to quote the idiotic comment you made where you claim not to be a troll. You're such a dick.
                      Originally posted by dggoddard
                      Finally you made me laugh.

                      There may be hope for you yet.

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                      • #41
                        Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                        I thought the original post was advocating for a law to force abandonment of trademarks in these situations.
                        This space for sale.

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                        • #42
                          Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                          Originally posted by UMDSimmerdown View Post
                          From my understanding, a logo or trademark is not open to the public sphere unless the owner ceases to fight for its protection. While the school may not continue to use the logo or trademark, they still have the right to protect from its unlicensed use by others. They can still send cease and desist letters and even sue for damages from those who made a profit off of it.

                          This makes sense if you think about it, no company would ever update their logo or slogan if they knew people could make money off their old one, or even worse use that old logo to somehow put their company or product in a bad light.

                          With most schools' budget problems, why wouldn't they continue to fight for damages?
                          But the university could sell the rights to the logo and actually make some money off of it. Why wouldn't they do it? It won't make them money just sitting there unused.
                          Having a clear conscience just means you have a bad memory or you had a boring weekend.

                          RIP - Kirby

                          Comment


                          • #43
                            Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                            Originally posted by bueller View Post
                            I thought the original post was advocating for a law to force abandonment of trademarks in these situations.
                            I'm slow so i'm not following where you are going.
                            "My greatest achievement."
                            Dirty on getting me suspended from USCHO.

                            I'm not an alcoholic! I'm an independent beer taster for Anheuser Busch.

                            Happy~Smelling like a warm turd sandwich since 11/15/07.

                            Comment


                            • #44
                              Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                              Originally posted by JohnsonsJerseys View Post
                              When a school declares that a slogan, mascot, nickname, etc will no longer be used because it isn't PC and must be eliminated for the common good, that entity immediately becomes public domain*. From that day forward the school forfeits all copyrights, trademarks, etc related to it and is not entitled to any royalties from its use and must make public all graphics, fonts, and other materials related to such items. Thus the entity becomes public property and anyone who chooses can use it in any manner that they see fit. Maybe they could use it for their own sports team, personal business slogan, or simply for personal financial gain (printing T-shirts, stickers, banners, etc.) in the realm of sports marketing.
                              * The one exception being, those that caused the entity to become public domain shall be banned from any use of such items.
                              I think what he wants is a law that forces schools to give up rights to logos, mascots, etc if they choose to change said logos or mascots for bull**** PC reasons.
                              This space for sale.

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                              • #45
                                Re: A Solution for the "Fighting" Sioux, Denver's Boone, and Other "Lost" Mascots...

                                Originally posted by bueller View Post
                                I think what he wants is a law that forces schools to give up rights to logos, mascots, etc if they choose to change said logos or mascots for bull**** PC reasons.
                                see your point and agree.
                                "My greatest achievement."
                                Dirty on getting me suspended from USCHO.

                                I'm not an alcoholic! I'm an independent beer taster for Anheuser Busch.

                                Happy~Smelling like a warm turd sandwich since 11/15/07.

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