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Old
11-11-2012, 06:10 PM
  #651
FLYguy3911
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Does look wrong

I hate nick names on the back of the shirt like that.

Should say Giroux. Not G
Probably for legal reasons.

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11-11-2012, 06:11 PM
  #652
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Probably for legal reasons.
Don't think his name is a trademark so it would be fine

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11-12-2012, 01:41 AM
  #653
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G is man of the month october.
With four 4 goals and 15 assists in 8 games Giroux has conquered the DEL overnight.
http://translate.google.de/translate...s-oktober.html

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Old
11-12-2012, 07:27 AM
  #654
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Originally Posted by FLYguy3911 View Post
Probably for legal reasons.
this isn't the WWE. His name isn't trademarked

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11-13-2012, 02:28 PM
  #655
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http://www.nelonenpro.fi/j%C3%A4%C3%...ilves-13112012

Talbot's goal for Ilves is at 2:08.

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11-13-2012, 02:34 PM
  #656
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this isn't the WWE. His name isn't trademarked
Actually, players are entitled to a share of profits made from their likeness. That's what the 1992 player strike was partly about. If they'd used his actual name they'd probably open themselves up to legal problems.

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Old
11-13-2012, 03:27 PM
  #657
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Originally Posted by Cheesesteak Invictus View Post
Actually, players are entitled to a share of profits made from their likeness. That's what the 1992 player strike was partly about. If they'd used his actual name they'd probably open themselves up to legal problems.
And here I thought I was losing it.

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11-13-2012, 05:34 PM
  #658
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Originally Posted by Cheesesteak Invictus View Post
Actually, players are entitled to a share of profits made from their likeness. That's what the 1992 player strike was partly about. If they'd used his actual name they'd probably open themselves up to legal problems.
And this would have nothing to do with that since it's not the NHL profiting off of the sales.

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11-13-2012, 05:37 PM
  #659
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And this would have nothing to do with that since it's not the NHL profiting off of the sales.
He would still be able to sue them for profiting from his name/image without his consent. It is related, because in the past a lot of that money would have gone to the owners. The players didn't like that so they fought for a larger share, which indicates they probably care about making money from their own image. It also means since he's capable of making a decent amount of money off his own image he might be more inclined to take action.

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11-13-2012, 05:40 PM
  #660
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The hell are you talking about?

This isn't the NHL. CBAs there don't apply to other leagues. And hell, it's not even Eisbaren that made the shirts. Giroux isn't going to go ahead and sue fans that are making the shirts. Hell, it's not even eisbaren's logo. Are you going to tell me he has Giroux trademarked and no where else can they use it without paying him?

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11-13-2012, 05:50 PM
  #661
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Originally Posted by Krishna View Post
The hell are you talking about?

This isn't the NHL. CBAs there don't apply to other leagues. And hell, it's not even Eisbaren that made the shirts. Giroux isn't going to go ahead and sue fans that are making the shirts. Hell, it's not even eisbaren's logo. Are you going to tell me he has Giroux trademarked and no where else can they use it without paying him?
If someone plops your name and face on a tshirt without your permission and begins making a profit off of it you can sue them. If Giroux wants to sue and has grounds to, he can. I'm not saying he WILL, but using only "G" protects them in case he decides to try.

I mentioned the previous strike because it shows the players clearly give a damn about making money off their image. The CBA is mentioned by nobody but you and I'm not sure why you're dragging it into this. Like I said, players are entitled to a share of revenue made off their image. That's because anybody is.

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11-13-2012, 05:59 PM
  #662
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Originally Posted by Cheesesteak Invictus View Post
If someone plops your name and face on a tshirt without your permission and begins making a profit off of it you can sue them. If Giroux wants to sue and has grounds to, he can. I'm not saying he WILL, but using only "G" protects them in case he decides to try.

I mentioned the previous strike because it shows the players clearly give a damn about making money off their image. The CBA is mentioned by nobody but you and I'm not sure why you're dragging it into this. Like I said, players are entitled to a share of revenue made off their image. That's because anybody is.
The logo they used is now Giroux's face? Interesting.

And if they used his last name?

Under that logic, he should be allowed to sue whoever employs Alexandre Giroux since he's using his name and a different logo?

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11-13-2012, 06:08 PM
  #663
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Quote:
Originally Posted by Krishna View Post
The logo they used is now Giroux's face? Interesting.

And if they used his last name?

Under that logic, he should be allowed to sue whoever employs Alexandre Giroux since he's using his name and a different logo?
The logo is clearly a caricature of his face (especially since he plays for Berlin) and tacking Giroux on the back would only seal the deal. If he wanted to be a dick he could make a strong case if the shirt flat-out said "Giroux." As it is, he could probably put something together since "G" is a known nickname. Alex Giroux doesn't play for Berlin, and the logo would not be mistaken as a caricature of him. That's irrelevant.

What exactly are you trying to prove here? You're just nitpicking for the sake of it.

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11-13-2012, 07:00 PM
  #664
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It has nothing to do with the NHL, it is the law. You can't profit off of someone's name/likeness without their permission.

EDIT: And he probably could sue right now for the logo with the Giroux-esque face and the #28 and the name "G" on the back. It would just likely not go over very well with the fans and I am sure he probably doesn't care.

EDIT EDIT: Just a quick excerpt from a 2010 case (while it mention's NJ's laws and this theoretical case may or may not be in NJ, the laws are all 3rd Circuit laws which this case would be under (also most of the Circuits are pretty much in line with this))...

Quote:
"Succinctly put, '[New Jersey's] right of publicity signifies the right of an individual, especially a public figure or celebrity, to control the commercial value and exploitation of his name and picture or likeness and to prevent others from unfairly appropriating this value for commercial benefit.' McFarland v. Miller, 14 F.3d 912, 918 (3d Cir. 1994) (citations omitted) quoted in Prima v. Darden Rest., 78 F.Supp.2d 337, 348 (D.N.J. 2000); see also Jarvis v. A & M Records, 827 F.Supp. 282, 297 (D.N.J. 1993) ("The right of publicity generally applies to situations where the plaintiff's name, reputation or accomplishments are highly publicized and the defendant used that fact to his or her advantage."). Underlying this right is the theory that 'a celebrity has the right to capitalize on his persona, and the unauthorized use of that persona for commercial gain violates fundamental notions of fairness and deprives the celebrity of some economic value in his persona.' Prima, 78 F.Supp.2d at 349 (citing McFarland, 14 F.3d at 919); Castro, 370 N.J.Super. at 297 ("The foundation for this tort is recognition that a person has an interest in their name or likeness 'in the nature of a property right.") (quoting Restatement (Second) of Torts, § 652C comment a.). Because celebrity status often translates to economic wealth, the unauthorized use of one's persona 'harms the person both by diluting the value of the name and depriving that individual of compensation.' Prima, 78 F.Supp.2d at 349 (citing McFarland, 14 F.3d at 919)."
Hart v. Elec. Arts, Inc., 740 F. Supp. 2d 658, 664 (D.N.J. 2010).


Last edited by DrinkFightFlyers: 11-13-2012 at 07:23 PM.
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Old
11-13-2012, 09:12 PM
  #665
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Quote:
Originally Posted by DrinkFightFlyers View Post
It has nothing to do with the NHL, it is the law. You can't profit off of someone's name/likeness without their permission.

EDIT: And he probably could sue right now for the logo with the Giroux-esque face and the #28 and the name "G" on the back. It would just likely not go over very well with the fans and I am sure he probably doesn't care.
Yeah, I was also going to mention G vs. Giroux wouldn't make much of a difference, because it is clear what or who G stands for.

Quote:
Originally Posted by DrinkFightFlyers View Post
EDIT EDIT: Just a quick excerpt from a 2010 case (while it mention's NJ's laws and this theoretical case may or may not be in NJ, the laws are all 3rd Circuit laws which this case would be under (also most of the Circuits are pretty much in line with this))...

Hart v. Elec. Arts, Inc., 740 F. Supp. 2d 658, 664 (D.N.J. 2010).
Most probably, German law would apply, but the quote does serve an illustrative purpose, and it's very likely handled similarly there.

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Old
11-14-2012, 05:22 AM
  #666
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Most probably, German law would apply, but the quote does serve an illustrative purpose, and it's very likely handled similarly there.
It would not be German law for a number of legal and logistical reasons. If the Eisbaren were suing and not Giroux, it would still not be German law.

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11-14-2012, 11:57 AM
  #667
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Quote:
Originally Posted by Krishna View Post
The logo they used is now Giroux's face? Interesting.

And if they used his last name?

Under that logic, he should be allowed to sue whoever employs Alexandre Giroux since he's using his name and a different logo?
yeah because Alexandre Giroux and Claude Giroux are twins who look exactly alike. Its pretty obvious who that shirt represents.
Alexandre Giroux. give me a break

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11-14-2012, 03:13 PM
  #668
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Originally Posted by DrinkFightFlyers View Post
It would not be German law for a number of legal and logistical reasons. If the Eisbaren were suing and not Giroux, it would still not be German law.
What makes you think that? I'm not saying I'm right, but I do have a degree in law in a system based heavily on the German one. And while it's been a few year since I've last been in contact with private international law (I've since switched careers, heh), the rules would have the parties use the law in place of where the "tort" or however you'd translate that into English occurred (which is Germany in this instance, because that's where the T-shirts would be pressed). Anyway, it doesn't matter, but just wanted to follow up on this, so that I'm not just taking a stab at something and then backing off.

edit: Oh, and that law degree thing wasn't me trying to impress you or anyone else, it was just to let you know that I do have some background here, and that I'm not just talking out of my ass. But again, I'm just giving you what I think would most likely be the case here, I'm not saying I'm absolutely right.

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11-14-2012, 04:56 PM
  #669
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Per Meltzer :

http://www.hockeybuzz.com/blog/Bill-...ntoms/45/47517

Quote:
After much difficulty lining up insurance coverage that would enable him to play during the NHL lockout, Flyers defenseman Nicklas Grossmann has signed a short-term contract with his original Swedish pro team, Södertälje SK. According to a team press release, Grossmann will play four games with SSK. The first game will be on Saturday.


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11-14-2012, 05:15 PM
  #670
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Quote:
Originally Posted by Ryker View Post
What makes you think that? I'm not saying I'm right, but I do have a degree in law in a system based heavily on the German one. And while it's been a few year since I've last been in contact with private international law (I've since switched careers, heh), the rules would have the parties use the law in place of where the "tort" or however you'd translate that into English occurred (which is Germany in this instance, because that's where the T-shirts would be pressed). Anyway, it doesn't matter, but just wanted to follow up on this, so that I'm not just taking a stab at something and then backing off.

edit: Oh, and that law degree thing wasn't me trying to impress you or anyone else, it was just to let you know that I do have some background here, and that I'm not just talking out of my ass. But again, I'm just giving you what I think would most likely be the case here, I'm not saying I'm absolutely right.
That is essentially one of the reasons I was alluding to, only you must not have noticed that it is a Philly-area based company selling the shirts and infringing on the likeness, not the German team. If it was the German team doing it, it may be a different story, but US Courts can exercise jurisdiction over foreign defendants if ascertain threshold requirements are met.

(I also have a law degree here in America)

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11-14-2012, 05:16 PM
  #671
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Quote:
Originally Posted by Ryker View Post
(which is Germany in this instance, because that's where the T-shirts would be pressed).
I might be wrong but I think these shirts are being printed in the states by a group in the local area that makes a lot of Philly centric T-shirts.

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11-14-2012, 05:32 PM
  #672
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I might be wrong but I think these shirts are being printed in the states by a group in the local area that makes a lot of Philly centric T-shirts.
The printing of the shirt is not the issue. It is the selling and marketing of the shirt.

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11-14-2012, 08:43 PM
  #673
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Originally Posted by DrinkFightFlyers View Post
That is essentially one of the reasons I was alluding to, only you must not have noticed that it is a Philly-area based company selling the shirts and infringing on the likeness, not the German team. If it was the German team doing it, it may be a different story, but US Courts can exercise jurisdiction over foreign defendants if ascertain threshold requirements are met.

(I also have a law degree here in America)
Sorry, you're right then, I only skimmed that thing and somehow jumped to the conclusion it was the Germans doing it (I swear I was never as sloppy when dealing with actual cases, but now that I'm not in the field anymore, I hope I can be given a bit of leeway ). And since I don't have deep knowledge of the US law, other than the general features, I'll leave such matters to you then

Quote:
Originally Posted by phlflyer1 View Post
I might be wrong but I think these shirts are being printed in the states by a group in the local area that makes a lot of Philly centric T-shirts.
I hang my head in shame for the second time.

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Old
11-15-2012, 01:40 AM
  #674
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Per eliteprospects Grossmann has signed with Södertälje in Allsvenskan as did Cam Fowler. Bruno Gervais has joined Heilbronner Falken (which seems to be the German word for falcon judging by their logo) in the league below the DEL, the Bundesliga.

Talbot has played 1 game with Ilves and has one goal.

Derek Stepan has joined KalPa which is the SM-Liga team that is owned in part by Sami Kapanen, Kimmo Timonen, Hartnell (5%), and maybe some others though wikipedia says it is just them.


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11-15-2012, 04:51 AM
  #675
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Wayne Simmonds decided to leave Liberec and go back home to America "for family reasons." Shame I didn't make it personally to any of his games...

During his stint in Extraliga, Simmonds was 4 + 2 in 6 games. He has still a signed contract with Liberec and therefore if he decides to come back to Europe he will probably play in Liberec again (but that's not probable according to the Liberec GM). In the last week 3 NHLers have left Liberec: Chris Stewart went back to Germany, Pavelec and Simmonds went back to America.

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