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Old
05-17-2011, 09:27 PM
  #151
RC51
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The NHL argument is that Basha is making money off there brand logo.

Wait. if the Basha sign is outside his place trying to entice people to walk in then maybe. but the sign is inside his place, people have already walked into his place...

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05-17-2011, 11:18 PM
  #152
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Originally Posted by habtastic View Post
stupidest thing ever. Doesn't matter if it's a technical infringement.

the NHL has no class, whatsoever. You think if it were the same case in PHX, they'd fine them? They probably encourage this kind of thing. Seriously every day I don't know who is worse, Bush or Bettman.
Unfortunately, Montreal Canadiens & the NHL have to protect their interests, regardless of what the outcome is in the court of public opinion.

Lets hypothesize for a minute... Say the habs say let him do his thing, or the league for that matter.
What's to stop La Cage aux Sport from pulling their sponsorship, and just maintaining the hab symbol, w/ the banners and accolades, and resumed business being the SPOT to watch Canadiens hockey.

Why bother paying for that right if others are doing it for free.

The Habs Would/Could lose money all over. That's why when they sign contracts like this, they have to be mindful of that.

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05-17-2011, 11:39 PM
  #153
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Originally Posted by Ghost # 1 View Post
Unfortunately, Montreal Canadiens & the NHL have to protect their interests, regardless of what the outcome is in the court of public opinion.

Lets hypothesize for a minute... Say the habs say let him do his thing, or the league for that matter.
What's to stop La Cage aux Sport from pulling their sponsorship, and just maintaining the hab symbol, w/ the banners and accolades, and resumed business being the SPOT to watch Canadiens hockey.

Why bother paying for that right if others are doing it for free.

The Habs Would/Could lose money all over. That's why when they sign contracts like this, they have to be mindful of that.
That's not the problem. The problem is suing a fan for 89 000 $ dollars. That is just plain retarded.

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05-18-2011, 07:53 AM
  #154
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Originally Posted by LyricalLyricist View Post
The guy you see is the logo for basha. The mustache and face, is the basha logo.

Anyway, it's irrelevant. Laugh at those, such as myself, who see it for what it is.

It's dead smack in certain of downtown showing the Basha logo:

http://www.basharestaurant.com/

Just look on top left ffs. It's merged with a habs logo. That's not allowed. It's not rocket science. Maybe I can make a company and be so small that no one ever notices if I sneak in a habs logo. However, this guy is downtown, 450 ****ing meters away from the bell center and makes a giant poster. Seriously, for ****s sake man, how much more blatant can it get?

The original poster included a habs logo, the new one does not.

http://offsidesportsblog.blogspot.co...e-problem.html

Issa removed his banner … but he told the CP he's not paying the NHL's fine.



Wait, so do you think the habs gained any merchandise sales off his 'advertising' of the habs logo? Weird, he's allowed to say that, but when we say the habs, a much bigger brand and following was used without consent on his poster it's not the case at all.

Really, you're not allowed. Why is that so complicated? I wish the guy an easy settlement like everybody else but why do people protect something and assume the habs logo belongs to the city? The habs logo is like any other brand. It's like Wal-Mart of Mcdonalds or whatever. You can't use that, you can't use this.

The league will likely do private settlement IMO and charge him advertising costs and call it a day.
Spare me the "I see it for what it is" routine like you know more than any other poster in this thread. You are expressing your opinion and it is valid but so is mine.

He received a letter from the NHL as it says very clearly in the article. He then removed, painted over or whatever the logos which were the object of the letter. This clearly shows compliance to the request by the NHL. He DID not purposely infringe on the trademark of the rights holder he in fact corrected the situation once the holder contacted him. That the size of the poster and that he was downtown about 450 meters away from the Bell Centre is irrelevant. You are almost admitting that the same poster in the east end or west island would have been overlooked. I agree, it would have been overlooked and I would never have heard of Basha.

The only reason I know of Basha today is because the NHL is stupid enough to sue him. If I was Basha I'd drag this out for years. You can't buy this kind of exposure. I wouldn't have bought one of his products based on the poster just like I don't stop at every commercial location that flies a flag during the playoffs.

The whole point is that if you go after this guy you have to go after even the little bar that writes Go Habs Go on their board in chalk. Technically that can be seen as an infringement as well but there is tolerance. Every bar or resto in Montreal displays their support somehow at playoff time. I realize this guys poster was enormous and not in the same league but the point is the same.

As for a guy that obtains direct exposure and therefore profit, why is Slayd not being pursued? The Habs didn't contract him so he did it without their input. Is it selective who they pursue? I seriously doubt atrists can infringe on rights any more than anybody else but in Slayds case it helps expose the brand so it's tolerated. Do the Habs sell extra gear because of that song? Probably. Does Basha sell one extra shwarma? He'll say no to that.

Bottom line, the guy complied with the NHL request to disassociate their trademarked property from his poster and he will not pay the fine. Why you have trouble seeing the way it would be played out in court is weird. It is not as cut and dry as you make it seem.

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05-18-2011, 09:56 AM
  #155
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Quote:
Originally Posted by RushDP View Post
Spare me the "I see it for what it is" routine like you know more than any other poster in this thread. You are expressing your opinion and it is valid but so is mine.

He received a letter from the NHL as it says very clearly in the article. He then removed, painted over or whatever the logos which were the object of the letter. This clearly shows compliance to the request by the NHL. He DID not purposely infringe on the trademark of the rights holder he in fact corrected the situation once the holder contacted him. That the size of the poster and that he was downtown about 450 meters away from the Bell Centre is irrelevant. You are almost admitting that the same poster in the east end or west island would have been overlooked. I agree, it would have been overlooked and I would never have heard of Basha.

The only reason I know of Basha today is because the NHL is stupid enough to sue him. If I was Basha I'd drag this out for years. You can't buy this kind of exposure. I wouldn't have bought one of his products based on the poster just like I don't stop at every commercial location that flies a flag during the playoffs.

The whole point is that if you go after this guy you have to go after even the little bar that writes Go Habs Go on their board in chalk. Technically that can be seen as an infringement as well but there is tolerance. Every bar or resto in Montreal displays their support somehow at playoff time. I realize this guys poster was enormous and not in the same league but the point is the same.

As for a guy that obtains direct exposure and therefore profit, why is Slayd not being pursued? The Habs didn't contract him so he did it without their input. Is it selective who they pursue? I seriously doubt atrists can infringe on rights any more than anybody else but in Slayds case it helps expose the brand so it's tolerated. Do the Habs sell extra gear because of that song? Probably. Does Basha sell one extra shwarma? He'll say no to that.

Bottom line, the guy complied with the NHL request to disassociate their trademarked property from his poster and he will not pay the fine. Why you have trouble seeing the way it would be played out in court is weird. It is not as cut and dry as you make it seem.
lol, I like your change of tone, do you forget this:

Quote:
Originally Posted by RushDP View Post
I laugh at those that say that his displaying the Habs logo, which he removed after being warned by the league in a letter, is a crime.
So yeah, before you call me something for saying "I see it how it is", maybe you should consider i was a reply to you saying my opinion(and others) is laughable. You should read what you write before you assume people are attacking you.

Anyway, I agree he did comply, but they contacted him on 2 occasions. One for the logo, another for the Go Habs Go. I agree with you, I think as far as we know, when he was told, he complied. Unless there was resistance and a delay, I don't know. I am admitting that it would be overlooked. I mean, jaywalk on a cul-de-sac and a cop will see you and won't say a word. Jaywalk on a service road and if he sees you, yah, he's gonna have a talk with you Does it mean there's a different law? Not really, it just means it was too obvious to ignore here. So was basha's sign. With the logo, colors and label, it seemed like an obvious Habs reference even if painted over, because of it's proximity to the bell centre.

Unfortunately, yes, it is selective. When you go 55 in a 50 zone you likely won't get stopped. When you go 100 in that zone, you likely will. Some will say it's being selective, but in this context about police, I'd glad they aren't *******s and pull me over for going 51 you know? I'm glad I don't get a ticket everytime I jaywalk. In the case of Basha, he was the 100km/h, not the 51. Again, selective, yes, but they allow something to an extent and he clearly surpassed it.

I won't talk much about Slayd because I have zero clue what he sells on his album or whatever.

Again, the guy did comply and I think they will just charge him a base advertising price for the time he wasn't in compliance. 89K is overboard. I'm not sure where I said he WILL pay 89k? I've said several times it will be an private settlement likely paying for basic advertising costs of the during he had the logo.

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05-18-2011, 10:23 AM
  #156
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People can sit here and come up with 1000 other possible infringements, but you're wasting your time.

Is this an inconsistently enforced law? Yes. It relies on the NHL making a complaint (it's not like the police drive around looking for it) and sending letters. Even then, they likely only bother when it's a slam dunk.

Every bar with a jersey or painting of the uniform on the wall inside is probably TECHNICALLY in violation, but the NHL doesn't bother. It's all about degrees of risk when it comes to this law, since technically, any unauthorized use of their IP is a violation.

As many defenders have said though, it's all about common sense when it comes to this.

Jersey on wall? No one will bother you.

Logo in interior art? No one will bother you.

Saying the word Habs in a song? No one will bother you.

Putting the Habs logo in a giant billboard to sell shwarma in downtown Montreal? Hey look, he found the line.

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05-18-2011, 10:54 AM
  #157
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I am not a lawyer but people on this board should make a distinction between a crime, a civil infraction, and a penal infraction.

In the Basha vs the NHL case, there is of course no crime, under the criminal code. It is only a civil case.

As for the previous example of a speeding ticket, it is a penal offence, which has nothing to do with the Basha vs the NHL case either.

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05-18-2011, 11:17 AM
  #158
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what about a hockey forum that talks about the Canadiens, and profits from paid sponsorship
Attached Images
File Type: jpg hf-sponsor.JPG‎ (92.7 KB, 40 views)

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05-18-2011, 11:18 AM
  #159
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Originally Posted by Thibaj View Post
I am not a lawyer but people on this board should make a distinction between a crime, a civil infraction, and a penal infraction.

In the Basha vs the NHL case, there is of course no crime, under the criminal code. It is only a civil case.

As for the previous example of a speeding ticket, it is a penal offence, which has nothing to do with the Basha vs the NHL case either.
It wasn't meant to suggest they were similar, only to suggest the law is inconsistent in more than just the basha context.

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05-18-2011, 11:25 AM
  #160
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Originally Posted by coolasprICE View Post
what about a hockey forum that talks about the Canadiens, and profits from paid sponsorship
Note the lack of logos, colors and shirt designs.

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05-18-2011, 11:50 AM
  #161
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Originally Posted by RushDP View Post
The whole point is that if you go after this guy you have to go after even the little bar that writes Go Habs Go on their board in chalk. Technically that can be seen as an infringement as well but there is tolerance. Every bar or resto in Montreal displays their support somehow at playoff time. I realize this guys poster was enormous and not in the same league but the point is the same.
Nobody would 'have' to do anything. I think that the whole process is complaint-dependent, really. As owners of the logo they have the right to go after who they want, however selective they wish to be. Technically under copyright protection law it's illegal for me to photocopy a handful of pages out of an anthology for school. If a publisher wants to haunt university libraries collecting evidence of wrongdoing, they're free to do so.

For the Canadiens: Do they want to waste their time sending letters to every single business or put the squeeze on one, let it get coverage and *bam* every bar owner across town is scrubbing the logo off his sandwich board?

Thankfully our police force isn't also pissing away their time and our money chasing logos while relevant crimes go unnoticed.


Last edited by Jedrik: 05-18-2011 at 12:28 PM.
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05-18-2011, 04:48 PM
  #162
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Originally Posted by LyricalLyricist View Post
lol, I like your change of tone, do you forget this:



So yeah, before you call me something for saying "I see it how it is", maybe you should consider i was a reply to you saying my opinion(and others) is laughable. You should read what you write before you assume people are attacking you.

Anyway, I agree he did comply, but they contacted him on 2 occasions. One for the logo, another for the Go Habs Go. I agree with you, I think as far as we know, when he was told, he complied. Unless there was resistance and a delay, I don't know. I am admitting that it would be overlooked. I mean, jaywalk on a cul-de-sac and a cop will see you and won't say a word. Jaywalk on a service road and if he sees you, yah, he's gonna have a talk with you Does it mean there's a different law? Not really, it just means it was too obvious to ignore here. So was basha's sign. With the logo, colors and label, it seemed like an obvious Habs reference even if painted over, because of it's proximity to the bell centre.

Unfortunately, yes, it is selective. When you go 55 in a 50 zone you likely won't get stopped. When you go 100 in that zone, you likely will. Some will say it's being selective, but in this context about police, I'd glad they aren't *******s and pull me over for going 51 you know? I'm glad I don't get a ticket everytime I jaywalk. In the case of Basha, he was the 100km/h, not the 51. Again, selective, yes, but they allow something to an extent and he clearly surpassed it.

I won't talk much about Slayd because I have zero clue what he sells on his album or whatever.

Again, the guy did comply and I think they will just charge him a base advertising price for the time he wasn't in compliance. 89K is overboard. I'm not sure where I said he WILL pay 89k? I've said several times it will be an private settlement likely paying for basic advertising costs of the during he had the logo.
Sorry if you felt I singled you out in my first reference to laughing at those that consider this a high crime. As someone correctly pointed out it is not even a crime and is a civil matter. I didn't mean to point you out specifically and apologize if I did do so either by replying to your post or some other way.


Quote:
Originally Posted by Lucius View Post
People can sit here and come up with 1000 other possible infringements, but you're wasting your time.

Is this an inconsistently enforced law? Yes. It relies on the NHL making a complaint (it's not like the police drive around looking for it) and sending letters. Even then, they likely only bother when it's a slam dunk.

Every bar with a jersey or painting of the uniform on the wall inside is probably TECHNICALLY in violation, but the NHL doesn't bother. It's all about degrees of risk when it comes to this law, since technically, any unauthorized use of their IP is a violation.

As many defenders have said though, it's all about common sense when it comes to this.

Jersey on wall? No one will bother you.

Logo in interior art? No one will bother you.

Saying the word Habs in a song? No one will bother you.

Putting the Habs logo in a giant billboard to sell shwarma in downtown Montreal? Hey look, he found the line.
This is far from a slam dunk. In fact, in law there are no slam dunks. It has yet to be proven that the offender actually intended on increasing his sales by displaying the poster. He complied to an order of "cease and desist" as you said he should have done so this is far removed from being a slam dunk. In fact it is a PR nightmare in terms of that Basha is getting all this free exposure courtesy of the NHL.

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Originally Posted by Lucius View Post
Note the lack of logos, colors and shirt designs.
Except for all the avatars we not only use but modify to our purposes. We didn't pay for the logo and didn't pay for the right to modify it to suit our purposes.

Quote:
Originally Posted by Jedrik View Post
Nobody would 'have' to do anything. I think that the whole process is complaint-dependent, really. As owners of the logo they have the right to go after who they want, however selective they wish to be. Technically under copyright protection law it's illegal for me to photocopy a handful of pages out of an anthology for school. If a publisher wants to haunt university libraries collecting evidence of wrongdoing, they're free to do so.

For the Canadiens: Do they want to waste their time sending letters to every single business or put the squeeze on one, let it get coverage and *bam* every bar owner across town is scrubbing the logo off his sandwich board?

Thankfully our police force isn't also pissing away their time and our money chasing logos while relevant crimes go unnoticed.
Are you kidding? If I am a bar or resto owner I would install a poster that was borderline illegal just for the exposure the NHL would provide free of charge. Think about it...did you ever hear of Basha before this? I have a craving for some shwarma right now for some reason.

Anyway, this topic is polarized; either you think it's wrong or you don't care like me. This selective and random justice is what really irks me. Like I said before, if it is anywhere but downtown you don't hear about it. This implies that it is proximity that is the real issue. If you enforce your rights then do it consistently and not when it suits your purposes. Slayd gets off and Basha pays. BS.
If the NHL wants to charge him advertising fees then they shouldn't have ordered him to cease and desist. They did order him to remove the offending logos and he did so the case is closed. Charging him after the fact for perceived benefits: good luck buddy!!

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05-18-2011, 05:42 PM
  #163
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Originally Posted by RushDP View Post
Are you kidding?
No. What gave you that idea?

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Originally Posted by RushDP View Post
If I am a bar or resto owner I would install a poster that was borderline illegal just for the exposure the NHL would provide free of charge. Think about it...did you ever hear of Basha before this? I have a craving for some shwarma right now for some reason.
By all means, go ahead.

But if I see that Basha's exposure came with an $89k price tag, I doubt I would want to risk it. Let's see how this plays out before we declare a winner.

You're right: I would walk the line as narrowly as possible while using good judgment that I'm not liable. I would use the **** out the team colours, fonts, number signatures, advertise 'Montreal Hockey', &c., &c.

Quote:
Originally Posted by RushDP View Post
Anyway, this topic is polarized; either you think it's wrong or you don't care like me.
I don't know about that. I think you care.

Quote:
Originally Posted by RushDP View Post
This selective and random justice is what really irks me. Like I said before, if it is anywhere but downtown you don't hear about it. This implies that it is proximity that is the real issue. If you enforce your rights then do it consistently and not when it suits your purposes. Slayd gets off and Basha pays. BS.
If the NHL wants to charge him advertising fees then they shouldn't have ordered him to cease and desist. They did order him to remove the offending logos and he did so the case is closed. Charging him after the fact for perceived benefits: good luck buddy!!
By nature I see rights as protecting self-interests.

That's all I got, I guess.

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05-18-2011, 05:48 PM
  #164
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Originally Posted by Ghost # 1 View Post
Unfortunately, Montreal Canadiens & the NHL have to protect their interests, regardless of what the outcome is in the court of public opinion.

Lets hypothesize for a minute... Say the habs say let him do his thing, or the league for that matter.
What's to stop La Cage aux Sport from pulling their sponsorship, and just maintaining the hab symbol, w/ the banners and accolades, and resumed business being the SPOT to watch Canadiens hockey.

Why bother paying for that right if others are doing it for free.

The Habs Would/Could lose money all over. That's why when they sign contracts like this, they have to be mindful of that.
I get that, to a degree. A restaurant should not be marketing using the Habs logo, without paying for the privilege.

The phrase "Go Habs Go" is a totally other matter. The Habs did NOT invent it and they should NOT, nor should the League (!), have any copyright on it!!!

FANS invented "Go Habs Go" and ANY fan should be entitled to shout that out, or print it out.

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05-18-2011, 05:51 PM
  #165
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Originally Posted by BaseballCoach View Post
I get that, to a degree. A restaurant should not be marketing using the Habs logo, without paying for the privilege.

The phrase "Go Habs Go" is a totally other matter. The Habs did NOT invent it and they should NOT, nor should the League (!), have any copyright on it!!!

FANS invented "Go Habs Go" and ANY fan should be entitled to shout that out, or print it out.
I said that earlier as well.

That one really chaps my junk.

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05-18-2011, 05:54 PM
  #166
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Originally Posted by Ghost # 1 View Post
Unfortunately, Montreal Canadiens & the NHL have to protect their interests, regardless of what the outcome is in the court of public opinion.

Lets hypothesize for a minute... Say the habs say let him do his thing, or the league for that matter.
What's to stop La Cage aux Sport from pulling their sponsorship, and just maintaining the hab symbol, w/ the banners and accolades, and resumed business being the SPOT to watch Canadiens hockey.

Why bother paying for that right if others are doing it for free.

The Habs Would/Could lose money all over. That's why when they sign contracts like this, they have to be mindful of that.
You're not wrong, it's just the extent of the threat.

Nobody is going to dispute that the Cage and the Habs have an official agreement and in the very f'in rare occasion we score 5 goals...well, pay up Cage (biggest supporters of JM I imagine).

Montreal is a hockey city. It's our culture, it's patriotism. the CH gives all the small shops and restaurants character and makes Montreal feel like Montreal. Makes you wanna bleed bleu, blanc, rouge. I am SURE that every other big sports city has something analogous to this situation and it's just one of those things you let pass. If anything, it's increasing the Habs fervour and I'll bet the Habs (i'm not sure it's them who have the problem, maybe their hand was forced) and the NHL would see a net increase in their sales with more of this stuff around. The bottom line is that, while an infringement, it's not a big deal and it just connects us with our city and our team. I still cannot believe this is an actual infringement, just imagining the thousands of bars that have the exact same scenario.

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05-18-2011, 06:48 PM
  #167
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Originally Posted by habtastic View Post
You're not wrong, it's just the extent of the threat.

Nobody is going to dispute that the Cage and the Habs have an official agreement and in the very f'in rare occasion we score 5 goals...well, pay up Cage (biggest supporters of JM I imagine).

Montreal is a hockey city. It's our culture, it's patriotism. the CH gives all the small shops and restaurants character and makes Montreal feel like Montreal. Makes you wanna bleed bleu, blanc, rouge. I am SURE that every other big sports city has something analogous to this situation and it's just one of those things you let pass. If anything, it's increasing the Habs fervour and I'll bet the Habs (i'm not sure it's them who have the problem, maybe their hand was forced) and the NHL would see a net increase in their sales with more of this stuff around. The bottom line is that, while an infringement, it's not a big deal and it just connects us with our city and our team. I still cannot believe this is an actual infringement, just imagining the thousands of bars that have the exact same scenario.
I totally understand the dt craze @ playoff time, and got the benefit to see it first hand last year (I was in heaven )

However, the difference is between what the bars are doing, and what Bashra's is doing, is where the problem is.

If Bashra's just threw out a HUGE Habs Flag, Even on top of their sign... it would be not nearly the issue it is.

The problem is the copywritten Bashra's symbols being intermingled with thw Habs symbol on the same page (or in this case, Banner).

If he just threw go habs go on that banner, and the habs symbol... Nothing else, no problems (or at least not one that I could see, because as you rightfully mentioned, Everyone dt does it)... But they arent trying to market anything with their symbols... The symbols and the marketing remain apart from eachother.

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05-18-2011, 06:52 PM
  #168
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Bottom line: What Basha did is illegal technically speaking (the logo constitutes intellectual property), however he will most likely not be forced to pay the fine because he took reasonable means to correct the damages.

Done.

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05-18-2011, 06:54 PM
  #169
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Originally Posted by RushDP View Post

This is far from a slam dunk. In fact, in law there are no slam dunks. It has yet to be proven that the offender actually intended on increasing his sales by displaying the poster. He complied to an order of "cease and desist" as you said he should have done so this is far removed from being a slam dunk. In fact it is a PR nightmare in terms of that Basha is getting all this free exposure courtesy of the NHL.


Except for all the avatars we not only use but modify to our purposes. We didn't pay for the logo and didn't pay for the right to modify it to suit our purposes.
Again, it's selective enforcement. Our avatars are definitely trademark violations. If the NHL chose to send us cease and desists, they could and we'd have to comply. With the Internet, there is not a lot of established law, but the law is pretty well established on using other people's IP in publicly visible advertising.

If the NHL really takes them to court, which I doubt they will for PR reasons, they will most definitely win a settlement of some kind. Their argument will be that the damages are precisely the cost of what they have charged other companies for similar things that actually followed the rules.

A good lawyer can win any case, but this violation is about as murky as a parking ticket. There is NO WAY that a court would rule against the NHL. The entire IP/endorsement/advertising structure in Quebec would fall into chaos if they did.

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05-18-2011, 07:00 PM
  #170
Protest the Hero
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what about a hockey forum that talks about the Canadiens, and profits from paid sponsorship
Well Habsinsideout did have to change their name this year remember.

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05-18-2011, 11:40 PM
  #171
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Well Habsinsideout did have to change their name this year remember.
You know what? That's some huge BS right there, too. "Habs" is a nickname given to the team by the fans. At no point in time, and on no legal ledger or league listing have they ever been recorded as the "Habs", just "les Habitants" (if you go waaaaay back). To turn around and trademark something given to them by the fans is completely evil lawyer dark magic right there. I'm a bit drunk, so I'm gonna fly a bit off the handle here, but seriously... ensuring that you make all the money and/or have exclusive use of a nickname that was given to you, and pawning it off as your own "intellectual property"? That's just gross.

Wonder if Toronto has trademarked "Buds" as their own intellectual property, or "Bolts" in Tampa Bay. I'm sure someone somewhere has the trademark on those words, and yet I doubt anyone gets harassed for their use.

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05-19-2011, 09:24 AM
  #172
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Originally Posted by Ohashi_Jouzu View Post
You know what? That's some huge BS right there, too. "Habs" is a nickname given to the team by the fans. At no point in time, and on no legal ledger or league listing have they ever been recorded as the "Habs", just "les Habitants" (if you go waaaaay back). To turn around and trademark something given to them by the fans is completely evil lawyer dark magic right there. I'm a bit drunk, so I'm gonna fly a bit off the handle here, but seriously... ensuring that you make all the money and/or have exclusive use of a nickname that was given to you, and pawning it off as your own "intellectual property"? That's just gross.

Wonder if Toronto has trademarked "Buds" as their own intellectual property, or "Bolts" in Tampa Bay. I'm sure someone somewhere has the trademark on those words, and yet I doubt anyone gets harassed for their use.
I'd imagine both teams have them in reference to a pro hockey team.

This is the world we live in. It would be financially irresponsible for them not to grab these names.

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05-19-2011, 09:50 AM
  #173
Le Tricolore
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The NHL argument is that Basha is making money off there brand logo.

Wait. if the Basha sign is outside his place trying to entice people to walk in then maybe. but the sign is inside his place, people have already walked into his place...



Outside.

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05-19-2011, 10:32 AM
  #174
Strik_IX
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Originally Posted by Ohashi_Jouzu View Post
You know what? That's some huge BS right there, too. "Habs" is a nickname given to the team by the fans. At no point in time, and on no legal ledger or league listing have they ever been recorded as the "Habs", just "les Habitants" (if you go waaaaay back). To turn around and trademark something given to them by the fans is completely evil lawyer dark magic right there. I'm a bit drunk, so I'm gonna fly a bit off the handle here, but seriously... ensuring that you make all the money and/or have exclusive use of a nickname that was given to you, and pawning it off as your own "intellectual property"? That's just gross.

Wonder if Toronto has trademarked "Buds" as their own intellectual property, or "Bolts" in Tampa Bay. I'm sure someone somewhere has the trademark on those words, and yet I doubt anyone gets harassed for their use.
The H in the logo stands for "Habs" or "Habitants", I understand why it is copyrighted.

I honestly think that the NHL would not go against the "little guy" for showing support. The owner made a gigantic sign and it looks like ****, never would the habs organization approve something like this.

I work as a graphic designer and one thing that is absolutely sacred is a company or product's logo. There are norm books the size of the bible in some cases to explain the do's and dont's of a given brand.

It's all a question of perspective. Huge sign, with the Basha logo AND the CH + go habs go is bound to get attention. If it was just a sign that said go habs go with the CH logo, no one would've said anything even if the sign looks nothing like what the organization would advertise.

He tried to please his kids and take advantage of extra business. I'm sorry, but in this case the NHL is right and appropriate action should have simply been to take it down and not make it look even more hideous.

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05-19-2011, 10:34 AM
  #175
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Originally Posted by Strik_IX View Post
The H in the logo stands for "Habs" or "Habitants", I understand why it is copyrighted.
It stands for "Hockey"

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