News Article: News and Notes XXXIV - is it time for us to make panic trades yet?

[Navin R Slavin]

I see the point, but I also think it’s a pivotal year for Bean if he wants to make the Canes. And to that point, I’d think he would be one of the first and seemlingly hungriest guys to come to Raleigh early. Personally, I don’t see him ever playing for the Canes, so to me, it makes sense for him to be training elsewhere.

You just answered your own question

 

[tarheelhockey]

But holy f***, also the wordmark Hartford Whalers is reported to be registered for the NHL in 2019. Application in October 2018.

HARTFORD WHALERS Trademark of NATIONAL HOCKEY LEAGUE Serial Number: 88152830 :: Trademarkia Trademarks

(Clothing, namely, caps being headwear, jerseys, leggings, pants, sweatpants, shirts, socks, sweatshirts, t-shirts)

There's something, excuse me, fishy in this setup. It used to be registered to Hurricanes Hockey not long ago.

Though, when the trademark troll Jay Kennette tried usurping the rights, NHL seems to have been part of the proceedings alongside Hurricanes Hockey. Lots of NHL email addresses, including [email protected] , the now-reported representant of the NHL.

USPTO TTABVUE. Trademark Trial and Appeal Board Inquiry System

Well, that’s an interesting little nugget. Can’t imagine the Canes gave up those rights voluntarily.

 

[Lempo]

Well, that’s an interesting little nugget. Can’t imagine the Canes gave up those rights voluntarily.

Maybe Hurricanes Hockey made a contract with NHL that HH still gets (most of) the money from the sales while the League with its broader legal shoulders takes case of the trademark trolls and other folks to ensure that the valuable IP stays in the family (for which the registration may have needed to be transferred to NHL). If I understand it correctly, as a trademark holder you have to be more or less active against all usurpation attempts, and that takes a legal department either in-house or hired.

Maybe DEBEVOISE & PLIMPTON LLP turned out to be expensive compared to using the NHL's own in-house legal IP services.

 

[Boom Boom Apathy]

Bean. I was responding to others talking about him, and how he’s practicing with guys not on the canes.

oh, ok.

I guess I don’t understand your comment then. While no prospect technically owes a team anything, we Canes fans have lamented for years that we rush players and wished we’d let them marinate in the AHL like Detroit did.

This was only Jake Beans 2nd AHL season and by all accounts, he was not NHL ready after his first one. For once, Carolina is doing what we all wanted them to do for years.

This season was messed up due to coronavirus, and because of depth and deadline acquisitions, the Canes didn’t call up a single AHL defenseman this year and frequently scratched an NHL caliber guy.

What is the point you are trying to make with your post? Not arguing it, just not clear.

 

[Blueline Bomber]

What is the point you are trying to make with your post? Not arguing it, just not clear.

I thought it was pretty clear. He's arguing that Bean doesn't owe anything to the Canes, because the Canes haven't exactly put him in a position to succeed. So Bean choosing to practice with players from other teams instead of with the Canes isn't too surprising.

Now that argument (IMO) is pretty flawed for the reasons you listed, but I believe that's what he was trying to get through.

But as mentioned earlier, it's looking more and more likely that Bean isn't part of this team's future plans, so it's not a huge deal if he foregoes the team's training regimen in favor of another.

 

[Boom Boom Apathy]

But as mentioned earlier, it's looking more and more likely that Bean isn't part of this team's future plans, so it's not a huge deal if he foregoes the team's training regimen in favor of another.

I’m not sure we can conclude that he’s forgoing the team’s training regimen. Just because a player isn’t in Raleigh doesn’t mean he’s not following what the team recommends. There’s a bunch of players practicing in AZ and unless they are members of the Coyotes, none of them are practicing at their teams designated facilities.

It’s offseason so I guess we need to discuss stuff like this as there isn’t much else to discuss. I think it’s cool he’s practicing with these guys. seems like a non issue, whether he’s in the canes future plans or not.

 

[geehaad]

I thought it was pretty clear. He's arguing that Bean doesn't owe anything to the Canes, because the Canes haven't exactly put him in a position to succeed. So Bean choosing to practice with players from other teams instead of with the Canes isn't too surprising.

Now that argument (IMO) is pretty flawed for the reasons you listed, but I believe that's what he was trying to get through.

So it's easy to see why Boom asked bleed to confirm that point: bleed is a well-respected member of the board and the argument seems flawed.

it's looking more and more likely that Bean isn't part of this team's future plans

Also a very flawed argument. Alternative take: CAR has handled Bean in a very healthy manner and are poised to introduce him to the big show in a way that gives him the best chance of continued success.

 

[A Star is Burns]

I’m not sure we can conclude that he’s forgoing the team’s training regimen. Just because a player isn’t in Raleigh doesn’t mean he’s not following what the team recommends. There’s a bunch of players practicing in AZ and unless they are members of the Coyotes, none of them are practicing at their teams designated facilities.

It’s offseason so I guess we need to discuss stuff like this as there isn’t much else to discuss. I think it’s cool he’s practicing with these guys. seems like a non issue, whether he’s in the canes future plans or not.

This is why I brought up Boychuk. There were many conversations on him that were the same. He didn't want it enough because he trained with other NHLers and only came to Raleigh a week before camp instead of three so he could skate with other people. It's absurd.

If these types don't make it is because they suck (Boychuk), are behind a position of depth (Bean), aren't a new regime's "guy" (possibly affecting Bean), and probably numerous other things. Not showing up to Raleigh early even though you're training with some of the best players in the world is not something to hold against a player.

The not owing us anything is dumb as well. We have handled Bean, always said to be a project, perfectly. As you said, he wasn't ready after last year. He earned the best defenseman award by being allowed to go back. Now, that doesn't mean he's a part of the team this year or in the future. Those factors of depth and not being from this regime come into play. But I don't believe for a second he's training elsewhere because of some idiotic notion he owes us nothing.

 

[Navin R Slavin]

Well, that’s an interesting little nugget. Can’t imagine the Canes gave up those rights voluntarily.

We looked into this a few years ago, if you will recall. The word mark was always a separate trademark.

 

[Blueline Bomber]

So it's easy to see why Boom asked bleed to confirm that point: bleed is a well-respected member of the board and the argument seems flawed.


Also a very flawed argument. Alternative take: CAR has handled Bean in a very healthy manner and are poised to introduce him to the big show in a way that gives him the best chance of continued success.

Also true, but it’s easy to see why one might get the idea that Bean isn’t a high priority for the team, given their strong defensive lineup and their seemingly inability to not acquire every available defenseman out there.

The team hasn’t been gunshy about throwing defensemen into the deep end. Slavin got 14 games of AHL play, Pesce even less. Faulk jumped from college to AHL playoffs to NHL play almost immediately (and probably would have had a better start if not anchored with a disinterested Kaberle).

So while I can appreciate their change of pace with Bean, the fact that he’s not gotten a real look and we keep grabbing players like Gardiner, Skjei, and Vatanen makes it seem like they’re not really interested in giving him one. That could always change, of course.

 

[tarheelhockey]

We looked into this a few years ago, if you will recall. The word mark was always a separate trademark.

Ah, I didn't process that it's the wordmark and not the logo etc.

 

[A Star is Burns]

Also true, but it’s easy to see why one might get the idea that Bean isn’t a high priority for the team, given their strong defensive lineup and their seemingly inability to not acquire every available defenseman out there.

The team hasn’t been gunshy about throwing defensemen into the deep end. Slavin got 14 games of AHL play, Pesce even less. Faulk jumped from college to AHL playoffs to NHL play almost immediately (and probably would have had a better start if not anchored with a disinterested Kaberle).

So while I can appreciate their change of pace with Bean, the fact that he’s not gotten a real look and we keep grabbing players like Gardiner, Skjei, and Vatanen makes it seem like they’re not really interested in giving him one. That could always change, of course.

What "the team" has done with guys in the past doesn't matter. That was a different regime with a less talented team. Look at Fleury. He didn't really become an everyday player until late this season. And he was drafted a couple of years ahead of Bean.

 

[bleedgreen]

I see the point, but I also think it’s a pivotal year for Bean if he wants to make the Canes. And to that point, I’d think he would be one of the first and seemlingly hungriest guys to come to Raleigh early. Personally, I don’t see him ever playing for the Canes, so to me, it makes sense for him to be training elsewhere.

@Boom Boom Apathy

I was just adding on to this post and to tarheel’s before. I’m not saying I agree with Bean if he was actually thinking he wasn’t part of the future so “f*** it”, only adding the thought it wouldn’t surprise me in today’s world if a prospect didn’t care about practicing with his teammates if given the choice as he’s only been given two games, has a questionable future and we don’t know what’s going on. He was the best defenseman in the league and he got none, his goals don’t have to be the (probably shouldn’t be) the hurricanes goal. He only has so many years in his career and he’s already 22, which I view as prime time for a dman to step up, but many around here over the years have lamented the pick when compared to some others taken and how they’re already impact players. Maybe he feels he should be there too?

I think if they move Gardiner he’s in a perfect spot for him, if they don’t he’s in a perfect spot for the team.

Bokk said he’s probably not in the future so it makes sense he’s not playing here, I’m saying yes and he might not have a reason to force himself to participate in our early camp if he has a great place to play right now, especially with everything else going on and us not knowing what’s going to happen. Not saying I’m agreeing. I think he should be with our guys pushing it as it’s time now for him to take the step.

 

[Lempo]

We looked into this a few years ago, if you will recall. The word mark was always a separate trademark.

Can you find the current info on the HW logo?

 

[bleedgreen]

What "the team" has done with guys in the past doesn't matter. That was a different regime with a less talented team. Look at Fleury. He didn't really become an everyday player until late this season. And he was drafted a couple of years ahead of Bean.

Well that’s not necessarily true. Under Francis and Peters, Fluery played an entire season as a top four defenseman with Faulk. That’s as every day as it gets. You can I think presume that under PK more money wouldn’t have been spent and they would’ve been allowing Fluery to develop this whole time as they did with Slavin/Pesce/Hanifin with of course varying success.

Under TD money and depth was added and Rod wouldn’t play Fluery over TVR only because he wouldn’t sit TVR. I’m saying it’s unfair to say Fluery has only made it now, he had already made it.

 

[Anton Dubinchuk]

Apple seems to have a strong opinion about Jake Bean’s career trajectory - what I see as suggested searches when I try to navigate away from this thread to another site.

 

[Lempo]

We looked into this a few years ago, if you will recall. The word mark was always a separate trademark.

TESS -- Error

Actually this would claim the whaletail logo is owner by the NHL.

Assigned by Hurricanes Hockey LP to NHL 1/10/2018.

Conveyance:

ASSIGNS THE ENTIRE INTEREST

[TBODY] [/TBODY]

USPTO Assignments on the Web

Wasn't this about when the Jay Kennette usurp attempt was happening?

... and the trade of the franchise to Dundon. Did the NHL demand it moved before Dundon got a hold on it?

 

[Blueline Bomber]

Apple seems to have a strong opinion about Jake Bean’s career trajectory - what I see as suggested searches when I try to navigate away from this thread to another site.

View attachment 377317

Still one of the best first NHL goals (assuming it's the one I think it was)

 

[Surrounded By Ahos]

Still one of the best first NHL goals (assuming it's the one I think it was)

Yeah, that was an absolute bomb. The fact that it was against Pittsburgh as time expired in overtime was just icing on the cake.

 

[AD Skinner]

I remember thinking McBain was going to be a freaking star

 

[Navin R Slavin]

TESS -- Error

Actually this would claim the whaletail logo is owner by the NHL.

Assigned by Hurricanes Hockey LP to NHL 1/10/2018.

Conveyance:

ASSIGNS THE ENTIRE INTEREST

[TBODY] [/TBODY]

USPTO Assignments on the Web

Wasn't this about when the Jay Kennette usurp attempt was happening?

... and the trade of the franchise to Dundon. Did the NHL demand it moved before Dundon got a hold on it?

Oh ho! Yes, that is an actual full assignment, isn't it? I suppose the most likely analysis is that the Canes won the mark somehow, and then made some kind of agreement with the NHL.

 

[tarheelhockey]

@Boom Boom Apathy

I was just adding on to this post and to tarheel’s before. I’m not saying I agree with Bean if he was actually thinking he wasn’t part of the future so “f*** it”, only adding the thought it wouldn’t surprise me in today’s world if a prospect didn’t care about practicing with his teammates if given the choice as he’s only been given two games, has a questionable future and we don’t know what’s going on. He was the best defenseman in the league and he got none, his goals don’t have to be the (probably shouldn’t be) the hurricanes goal. He only has so many years in his career and he’s already 22, which I view as prime time for a dman to step up, but many around here over the years have lamented the pick when compared to some others taken and how they’re already impact players. Maybe he feels he should be there too?

I think if they move Gardiner he’s in a perfect spot for him, if they don’t he’s in a perfect spot for the team.

Bokk said he’s probably not in the future so it makes sense he’s not playing here, I’m saying yes and he might not have a reason to force himself to participate in our early camp if he has a great place to play right now, especially with everything else going on and us not knowing what’s going to happen. Not saying I’m agreeing. I think he should be with our guys pushing it as it’s time now for him to take the step.

I'm of the opinion that this year is completely different than past years. The schedule is a mess, the existence of a season is uncertain, and either way the minor leagues are probably not going to happen.

A guy going and working out with a bunch of NHL superstars doesn't bother me under this context. It's just workouts. Boychuk skipping organized team workouts going into a normal season sent a different message. Especially because he was already on a trajectory to maybe not be an NHL player in the end, which is something I don't sense with Bean. Bean is stuck behind Jake Gardiner, Boychuk was stuck behind... like, Andreas Nodl or somebody.

 

[Navin R Slavin]

So here's the actual document, signed by Karmanos:

http://assignments.uspto.gov/assignments/assignment-tm-6407-0549.pdf

Quote: "For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby conveys, transfers and assigns to Assignee and its successors and assigns, and Assignee hereby accepts, all right, title and interest in and to the Marks, together with the goodwill of the business associated with them. Assignor further assignee, and Assignee hereby accepts, (i) all rights to collect income, royalties and damages due to accessor with respect to the Marks and to sue for and receive and collect all damages occurring from past or future infringements or misappropriations of the Marks; (ii) all rights to apply for additional registrations for the Marks and any other rights corresponding thereto anywhere in the world, with full benefit of priority therein as may now or hereafter be granted by law, treaty, or other international convention; and (iii) all rights, interest, claims and demands recoverable in law or equity that Assignor has or may have in profits and damages for past, present, and future infringements of the marks, including, without limitation, the right to compromise, sue for and collect such profits and damages; the same to be held and enjoyed by Assignee, its successors and assigns or their legal representatives, as fully and entirely as the same would have been held and enjoyed by Assignor if this Assignment had not been made."

Reads to me like the NHL has a whole infrastructure for dealing with this stuff, and the club turned the rights over to the NHL and their marketing+lawsuit machine for "good and valuable consideration", i.e. a big cut of the profits.

Note, though, that this particular assignment is *only* the Whale Tail, as far as I can tell, which is the only mark enumerated in Schedule A; the wordmark is still a separate copyright.

 

[Lempo]

Oh ho! Yes, that is an actual full assignment, isn't it? I suppose the most likely analysis is that the Canes won the mark somehow, and then made some kind of agreement with the NHL.

There's the history:

USPTO Assignments on the Web

Canes got it in a merger in 1998, and assigned it to NHL in Jan 10th 2018. Karmanos signed the assignment, two days before Dundon acquired the majority stake in Canes, Jan 12th 2018.

 

[Navin R Slavin]

There's the history:

USPTO Assignments on the Web

Canes got it in a merger in 1998, and assigned it to NHL in Jan 10th 2018. Karmanos signed the assignment, two days before Dundon acquired the majority stake in Canes, Jan 12th 2018.

Maybe the reasoning was that the NHL were ok with Karmanos holding the mark, but not with Dundon holding the mark? Either way, the way that Dundon is pushing the mark, it's clear that the considerations for the Hurricanes org are substantial.

I wonder if the NHL owns the other old marks.