tarheelhockey
Offside Review Specialist
It’s on! The Canes, led by roguish billionaire Tom Dundon, are protecting their right to make that sweet sweet Whaler$ cash money every time a hipster buys a retro jersey.
What you missed while you were sleeping off that $5 ticket hangover:
What you missed while you were sleeping off that $5 ticket hangover:
LOL YAY TRADEMARK SEARCHES
So there are a bunch of marks in question.
Here's the HW mark -- the logo:
Trademark Electronic Search System (TESS)
It is conclusively owned by the Canes:
[TBODY] [/TBODY]
(REGISTRANT) New England Whalers Hockey Club LIMITED PARTNERSHIP CONNECTICUT One Civic Center Plz. Hartford CONNECTICUT 06103
(LAST LISTED OWNER) HURRICANES HOCKEY, LP KT Sports Entertainment, Inc., a Delaware corporation LIMITED PARTNERSHIP BY MERGER DELAWARE 1400 ESWARDS MILL RD RALEIGH NORTH CAROLINA 27607[TBODY] [/TBODY]
Renewal 2ND RENEWAL 20110921 Live/Dead Indicator LIVE
The use of the "Hartford Whalers" wordmark is apparently owned by someone else, though:
Trademark Electronic Search System (TESS)
[TBODY] [/TBODY]
Word Mark HARTFORD WHALERS Goods and Services IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Hooded sweatshirts; T-shirts; Baseball caps and hats. FIRST USE: 20051011. FIRST USE IN COMMERCE: 20051011 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 86931556 Filing Date March 7, 2016 Current Basis 1A Original Filing Basis 1A Published for Opposition September 5, 2017 Owner (APPLICANT) JAY KENNETTE MEDIA GROUP LLC LIMITED LIABILITY COMPANY DELAWARE 16192 COASTAL HIGHWAY JKMG LLC LEWES DELAWARE 19958 Assignment Recorded ASSIGNMENT RECORDED Attorney of Record Matthew M. Googe Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE
OHHHHHH ****
Looky here, boys, we got ourselves a OPEN LAWSUIT!
*pops beer open*
USPTO TTABVUE. Trademark Trial and Appeal Board Inquiry System
Opposition
[TBODY] [/TBODY]
Number: 91238639 Filing Date: 12/28/2017 Status: Pending Status Date: 12/28/2017 General Contact Number: 571-272-8500 Interlocutory Attorney: GEOFFREY MCNUTT Paralegal Name: ROCHELLE L ADAMS [TBODY] [/TBODY]
Defendant Name: JAY KENNETTE MEDIA GROUP LLC Correspondence: Matthew M. Googe
Robinson IP Law, PLLC
9724 Kingston Pike, Suite 1403
Knoxville, TN 37922
[email protected], [email protected]Serial #: 86931556 Application File Assignment Application Status: Opposition Pending Mark: HARTFORD WHALERS [TBODY] [/TBODY]
Plaintiff Name: Hurricanes Hockey Limited Partnership, National Hockey League Correspondence: David H. Bernstein, Esq.
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
UNITED STATES
[email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]
Phone: 212-909-6696Serial #: 73237792 Application File Assignment Registration #: 1161394 Application Status: Renewed Mark: WH [TBODY] [/TBODY]
Prosecution History # Date History Text Due Date 3 12/28/2017 PENDING, INSTITUTED 2 12/28/2017 NOTICE AND TRIAL DATES SENT; ANSWER DUE: 02/06/2018 1 12/28/2017 FILED AND FEE
[TBODY] [/TBODY]
You guys are a little bit right and a little bit wrong. Here's the corrections of note:
I've downloaded the Notice of Opposition and placed it here if anybody wants to read it in full.
- February 6th isn't about notifying about court days. An answer is the defendant's response to a document beginning a legal action. In most civil cases that's a complaint, in this case it's the Notice of Opposition filed. So February 6th is the deadline for Kennette to respond to the contentions made in the Notice of Opposition.
- The Notice of Opposition wasn't filed solely by Dundon but is primarily the filing of the League. We're involved because the team still holds the trademark and is the Whalers franchise.
- Nothing in the Opposition mentioned us using the trademark or marks either now or in the future but refer to the League's use of them through merchandise for sale at 3rd party retailers like Dick's Sporting Goods, for sale at the NHL retail store in NYC, for sale at shop.nhl.com, etc.
- When Kennette originally filed for use, the sample garment had the whale tail logo. That then changed to just the wordmark "Hartford Whalers" on the neck of a plain white t-shirt in a revised application.
