Basha Rest. fined by NHL
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05-17-2011, 12:23 PM
Join Date: Aug 2007
So i'm gonna make a company that makes automobile brake pads and I'm gonna put a ferrari logo on it, because you know, I'm a fan of ferrari and that makes everything alright. Seems wrong doesn't it? Because it is.
This guy is no different. Honest mistake? Probably. That's why we all side with the guy. However, it IS wrong. This isn't people siding with the big bad NHL and being model citizens. It's reality. The guy didn't put a habs logo, or go habs go. He put his product, his logo, merged with the logo on the habs and it's trademark. Really, I'm not in law and I've never done a law class, but it's pretty evident whats wrong with it.
The power of a brand is clearly overlooked. For instance, the brand name 'coca cola', according to this article below has a value of 70 billion. It's just a name, it's worth billions!
If I were to host an event and say "sponsored by coca cola" and it would be a success and popularize coke's name even more...however, they aren't sponsoring me and I purchased the supply of coke, rather than got it sponsored. Does it make it right? No. What if I gave away the coke for free, further popularizing coke's image. Does it make it any less of infrigement? Nope. It's not allowed, that simple. Yes, this is a bigger situation, but the fact remains.
We seem to have too much pride for a logo. We defend a habs logo, and anyone going against our passion is EVIL. Well, that logo belongs to somebody. Whether we like to admit it or not. Please, it doesn't belong to the 'fans'. Someone PAID millions for the logo, for that brand. Merchandising rights for habs gear is protected with that purchase. Advertising rights, protected.
Why OH why do they need to protect it?? May seem trivial to some but this is how it works, you want to advertise with our brand, it costs you money. Simple right? Yet, if we allow some guy to use the brand without paying it dimishes the value of our brand. How so? Because everyone else will ask why the **** should I pay when apparently I can use it for free? Really. If someone tells you that you have the option at all times of paying for a specific car, or getting it for free. Don't you think with that option the business and big bad coperation that designs and manufactures said vehicle will lose money and in turn the value in which they can sell their product decrease? I mean, when you're competiting with free...it's a pretty obvious statement to make.
Basha's owner made a mistake, and he was warned, who cares by who, that what he did is infrigement. Apparently whoever warned him, NHL, a friend, a fellow business owner or a police officer got enough fear across for him to actually DO something about it and cover up the logo. Depending on who asked him, it makes a huge difference of course. If he was warned by a friend, and it was an unofficial warning, it seems rather excessive to give a guy a 80k+ fine without giving him an official warning earlier, although, in my limited knowledge, a 'warning' is a good gesture and not a requirement(can someone clear that up?). If he got an official warning from the NHL, it seems rather idiotic of him to try and patch up a mistake rather than fix it. If the NHL or a real authority warned me of a possible lawsuit over a poster, that **** would be down in a hurry. Yet, he decided to try and push his luck(assuming this scenario were the case).
For those saying the habs need to step in, why? They likely told the NHL to reach the guy because they didn't want to be viewed as opposing local business. Either way, the NHL is defending the montreal canadiens brand, the habs would be INSANE to oppose that. Doing so would be suicide. It would throw your copyrights out the window because you're basically suggesting false advertising practice is okay with your brand. In my uneducated opinion, the habs won't even say a word. They'd be crazy to get involved.
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