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Basha Rest. fined by NHL

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05-16-2011, 03:28 PM
  #1
Guy Germaine
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Basha Rest. fined by NHL

http://www.cbc.ca/news/canada/montre...-nhl-fine.html

I know I'm the only one that finds this completely ridiculous. I hope the Habs org. comes to this guys aid.

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05-16-2011, 03:31 PM
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euphrates
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what a joke ...

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05-16-2011, 03:36 PM
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OpenIceHit
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NHL ...

Bettman ...

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Old
05-16-2011, 03:36 PM
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TheBuriedHab
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89k? What a bunch of BS.

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05-16-2011, 03:37 PM
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deandebean
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This is getting ridiculous. Who's the snitch, Joffré De La Bonne Bière?

Joking aside, it doesn't look good on the new ownership group and the franchise.

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05-16-2011, 03:38 PM
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domdo345
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gotta pay the phoenix debt!

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05-16-2011, 03:38 PM
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Habs 1909
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Doubt the restaurant will be forced to pay the fine by a court, especially to the NHL. The restaurant took the necessary and reasonable measures once they learned about the infringement.

This is simply a cash grab/the NHL trying to send a message to local businesses trying to support their respective NHL franchise.

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05-16-2011, 03:40 PM
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coolasprICE
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funny thing is, the owner of basha (whom most concordia students have met at one point or antoher ) is selling the restaurant (read it in a separate article)

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05-16-2011, 03:49 PM
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The real question is why the OQLF has not gone after the Candiens for the obviously English slogan, which seems to be copywritten "Go Habs Go"

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05-16-2011, 03:52 PM
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juve
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Is this the one on Peel?

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05-16-2011, 03:56 PM
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What le F? I'm pretty sure that there is 'Go Habs Go!' written all over Montreal during the playoffs. That is actually trademarked...? What a total joke, that guy better not lose one penny because of this.

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05-16-2011, 04:03 PM
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Ohashi_Jouzu
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Utterly ridiculous. He took steps to fix the "issue" after being singled out, so give the guy a freaking break. Seriously, I wonder how hard the league lawyers are going to start trying to find enough drips to fill that $25 million bucket they're holding...

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05-16-2011, 04:03 PM
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Lucius
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He used the logo without permission.

Same as the car company in Vancouver.

They were singled out not for "Go Team Go," but because they paired that with a logo.

This isn't rocket science. People cannot use other people's intellectual property in their advertising.

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05-16-2011, 04:04 PM
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coolasprICE
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Quote:
Originally Posted by coolasprICE View Post
funny thing is, the owner of basha (whom most concordia students have met at one point or antoher ) is selling the restaurant (read it in a separate article)
oops. this place is basha - was thinking of Boustan

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Old
05-16-2011, 04:06 PM
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Is the NHL going to sue me too now for wearing a jersey without their permission?

Maybe I got photographed one time in my jersey and now the picture is circulating in some kind of advertisement, is the NHL going to sue the photographer too?

Quote:
Originally Posted by Lucius View Post
He used the logo without permission.

Same as the car company in Vancouver.

They were singled out not for "Go Team Go," but because they paired that with a logo.

This isn't rocket science. People cannot use other people's intellectual property in their advertising.
It isn't rocket science you are right. But guess what? We're talking about a sports team here not Microsoft. We're also talking about a local restaurant that supports their team and isn't using the logo in any derogatory way. I don't deny that the law exists, but the law exists to prevent people from using the logo in a slanderous way or to make the team look bad. It isn't there to nit pick on one guy and **** up his life because he supports his team, and that my friend, isn't rocket science.

A restaurant that no doubt plays the game on TV to attract customers too. Are they going to make a law that the games can't be publicly televised as well? I mean come on. Where's the harm here?

Marijuana laws exist too. They didn't make them so that cops could go waste tax payers dollars harassing teens in a parking lot. They made them so that they could bust the people actually selling the drugs. There's a huge difference between discretionary use of the law in order to uphold the reason the law was created, and discretionary use of the law just to be a jackass and fine a company.


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05-16-2011, 04:10 PM
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Paul Dipietro
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Wasn't aware that we signed Parros...

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05-16-2011, 04:13 PM
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Lucius
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Quote:
Originally Posted by neofury View Post
It isn't rocket science you are right. But guess what? We're talking about a sports team here not Microsoft. We're also talking about a local restaurant that supports their team and isn't using the logo in any derogatory way. I don't deny that the law exists, but the law exists to prevent people from using the logo in a slanderous way or to make the team look bad. It isn't there to nit pick on one guy and **** up his life because he supports his team, and that my friend, isn't rocket science.

A restaurant that no doubt plays the game on TV to attract customers too. Are they going to make a law that the games can't be publicly televised as well? I mean come on. Where's the harm here?
Teams and the league make huge money off of selling those rights to companies to use in advertising. If they didn't enforce these rules, it would undermine the price they can charge on these things.

It's an unfortunate reality of business and this guy is just playing on public sympathy to get this tossed out when he almost certainly knew exactly the potential consequences when he put the sign up. Yes, I get the "little guy screwed by evil corporation" narrative is fun, but this guy is either an idiot or was just counting on exactly that narrative to let him slide by. Odds are, he figured no one would notice and got caught.

Bars and such have to buy a special license for their PPVs and games in regular circumstances. I am sure many ignore that too, but that doesn't make it legal.

There are PLENTY of ways to pull this off without using the logo. Take Boston Pizza. That was amazingly clever and didn't infringe on a thing. This guy just tried to get something for free (this is a giant advertisement for his store, not a public showing of his love of the Canadiens) and flamed out spectacularly. Why would a company like say Mike's (they used to have some actual Habs ads if I recall) pay when other people in the city can just do it for free under the guise of civic pride?

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05-16-2011, 04:18 PM
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Quote:
Originally Posted by Lucius View Post
Teams and the league make huge money off of selling those rights to companies to use in advertising. If they didn't enforce these rules, it would undermine the price they can charge on these things.

It's an unfortunate reality of business and this guy is just playing on public sympathy to get this tossed out when he almost certainly knew exactly the potential consequences when he put the sign up. Yes, I get the "little guy screwed by evil corporation" narrative is fun, but this guy is either an idiot or was just counting on exactly that narrative to let him slide by. Odds are, he figured no one would notice and got caught.

Bars and such have to buy a special license for their PPVs and games in regular circumstances. I am sure many ignore that too, but that doesn't make it legal.

There are PLENTY of ways to pull this off without using the logo. Take Boston Pizza. That was amazingly clever and didn't infringe on a thing. This guy just tried to get something for free (this is a giant advertisement for his store, not a public showing of his love of the Canadiens) and flamed out spectacularly. Why would a company like say Mike's (they used to have some actual Habs ads if I recall) pay when other people in the city can just do it for free under the guise of civic pride?
Give. Me. A. Break.

This is a complete farce from start to finish. If anything it promotes the NHL and hockey. It's disgusting is what it is. How anyone can come close to defending the NHL on this is completely beyond me.

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05-16-2011, 04:21 PM
  #19
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Quote:
Originally Posted by Lucius View Post
Teams and the league make huge money off of selling those rights to companies to use in advertising. If they didn't enforce these rules, it would undermine the price they can charge on these things.

It's an unfortunate reality of business and this guy is just playing on public sympathy to get this tossed out when he almost certainly knew exactly the potential consequences when he put the sign up. Yes, I get the "little guy screwed by evil corporation" narrative is fun, but this guy is either an idiot or was just counting on exactly that narrative to let him slide by. Odds are, he figured no one would notice and got caught.

Bars and such have to buy a special license for their PPVs and games in regular circumstances. I am sure many ignore that too, but that doesn't make it legal.

There are PLENTY of ways to pull this off without using the logo. Take Boston Pizza. That was amazingly clever and didn't infringe on a thing. This guy just tried to get something for free (this is a giant advertisement for his store, not a public showing of his love of the Canadiens) and flamed out spectacularly. Why would a company like say Mike's (they used to have some actual Habs ads if I recall) pay when other people in the city can just do it for free under the guise of civic pride?
Did you see the poster? The guy said his kids gave him the idea, and the poster actually looks like it was made by his kids too. Mikes had TV and print ads going out on multiple media formats, seen by millions of people. This guy had one bad picture posted in his restaurant window during playoff time. Forget common sense. I don't even think the LAW would side with you here.

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Old
05-16-2011, 04:26 PM
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Lucius
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Quote:
Originally Posted by Jigger77 View Post
Give. Me. A. Break.

This is a complete farce from start to finish. If anything it promotes the NHL and hockey. It's disgusting is what it is. How anyone can come close to defending the NHL on this is completely beyond me.
Quote:
Originally Posted by RNiner View Post
Did you see the poster? The guy said his kids gave him the idea, and the poster actually looks like it was made by his kids too. Mikes had TV and print ads going out on multiple media formats, seen by millions of people. This guy had one bad picture posted in his restaurant window during playoff time. Forget common sense. I don't even think the LAW would side with you here.
I am absolutely certain it would. The NHL is going to win, if they push this. Likely they'll quietly drop it now that it's made enough waves so idiots who think they can use logos that don't belong to them think twice before doing it in the future.

I get why this looks bad and likely isn't fair (they'll likely settle for a quiet apology), but every company with a valuable IP has to defend it like this or it quickly loses its value.

If he'd put a painting of Thor from the movie up there and said it was his kid's favorite comic book growing up, would you be fine with that? Just because this is a hockey team doesn't change basic law.

That isn't just a picture in a window, it's a giant advertisement that covers the side of a building. I'd be floored if the printer didn't warn him when he had it made.

Now you can make a very logical argument about indirect advertising benefiting the Habs, sure, but that's not how it works. The IP owner controls who or what people can do with it and that's very much a case by case basis. Given this is like the 10th one I've heard of this playoff, clearly the NHL is stepping up and reigning in unauthorized use of its IP, which while unsavory, is their right and, as far as their paying advertisers are concerned, their responsibility.

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Old
05-16-2011, 04:27 PM
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Ohashi_Jouzu
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Quote:
Originally Posted by Lucius View Post
Teams and the league make huge money off of selling those rights to companies to use in advertising. If they didn't enforce these rules, it would undermine the price they can charge on these things.

It's an unfortunate reality of business and this guy is just playing on public sympathy to get this tossed out when he almost certainly knew exactly the potential consequences when he put the sign up. Yes, I get the "little guy screwed by evil corporation" narrative is fun, but this guy is either an idiot or was just counting on exactly that narrative to let him slide by. Odds are, he figured no one would notice and got caught.

Bars and such have to buy a special license for their PPVs and games in regular circumstances. I am sure many ignore that too, but that doesn't make it legal.

There are PLENTY of ways to pull this off without using the logo. Take Boston Pizza. That was amazingly clever and didn't infringe on a thing. This guy just tried to get something for free (this is a giant advertisement for his store, not a public showing of his love of the Canadiens) and flamed out spectacularly. Why would a company like say Mike's (they used to have some actual Habs ads if I recall) pay when other people in the city can just do it for free under the guise of civic pride?
I know where you're coming from, but does every bar with signed jerseys on the wall, or pictures/paintings clearly displaying any logos on them, pay licensing fees for each item on the wall? I don't think so. And as far as I know, there is absolutely no fee involved with broadcasting Hockey Night in Canada in your establishment as long as you're not charging for admission.

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05-16-2011, 04:32 PM
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I got a question for you bi-law gurus about this topic.

If I own a small greasy spoon in downtown Montreal and bought a Montreal Canadiens flag on NHL.com... can I legally hang it outside my store?

Not trying to de-rail the thread or compare the two situations..

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05-16-2011, 04:33 PM
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Quote:
Originally Posted by Lucius View Post
I am absolutely certain it would. The NHL is going to win, if they push this. Likely they'll quietly drop it now that it's made enough waves so idiots who think they can use logos that don't belong to them think twice before doing it in the future.

I get why this looks bad and likely isn't fair (they'll likely settle for a quiet apology), but every company with a valuable IP has to defend it like this or it quickly loses its value.

If he'd put a painting of Thor from the movie up there and said it was his kid's favorite comic book growing up, would you be fine with that? Just because this is a hockey team doesn't change basic law.
Wow. Loses it's value? The Habs logo will lose it's value because it's posted up in restaurant windows during the playoffs? Whatever man, think what you want I guess. I prefer to use common sense and a little judgement in this case. If the NHL is really worried about this the league is in a heap of trouble if you ask me.

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05-16-2011, 04:34 PM
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Lucius
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Quote:
Originally Posted by Ohashi_Jouzu View Post
I know where you're coming from, but does every bar with signed jerseys on the wall, or pictures/paintings clearly displaying any logos on them, pay licensing fees for each item on the wall? I don't think so. And as far as I know, there is absolutely no fee involved with broadcasting Hockey Night in Canada in your establishment as long as you're not charging for admission.
I think you're right on hockey, I'd have to look. However, few actually show CBC, they have the Center Ice package. I may be mistaken, but I suspect NHL Center Ice has a special business package they distribute.

Obviously with things like UFC and such, there are other considerations when they charge admission too.

Regardless, this a law that is routinely flaunted and ignored and it's a case by case basis. Literally, anything (up to the jersey) could get you in trouble if someone chose to press it. The line usually gets drawn at using the actual logos in advertising that is visible in public. Seems fair to me.

Quote:
Originally Posted by Jigger77 View Post
Wow. Loses it's value? The Habs logo will lose it's value because it's posted up in restaurant windows during the playoffs? Whatever man, think what you want I guess. I prefer to use common sense and a little judgement in this case. If the NHL is really worried about this the league is in a heap of trouble if you ask me.
Look at the photo: This "sign in the window" is like 20 feet tall and hanging from the side of a building.

And yes, it does. Why on Earth would Mikes pay for NHL endorsement deals where it uses the logos leaglly when this and any other greasy spoon in town can do it for free?

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05-16-2011, 04:37 PM
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Quote:
Originally Posted by tentcity View Post
I got a question for you bi-law gurus about this topic.

If I own a small greasy spoon in downtown Montreal and bought a Montreal Canadiens flag on NHL.com... can I legally hang it outside my store?

Not trying to de-rail the thread or compare the two situations..
Depends if Gary needs to pay his mother rent that week or not.

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