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Same Old NFL: League Abuses Trademark to Shut Down New York Jets Parody Store


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4 minutes ago, sameoldjetsstore said:

If I win my battle and get my store back online, I'll give y'all some free shirts for spending the day debating with me! Agree or disagree with me... love or hate the products... I appreciate the discussion.

The t-shirts are pretty cool. Reminds of the one when Tebow was here MY JESUS was written to look the NY Jets emblem.

Bar Stool sells the GOD DAMN JETS I own 1 

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I run a store selling merch for frustrated Jets fans (read: all Jets fans) that the NFL got taken down through a baseless trademark infringement claim. Thankfully, I have the support of the amazing El

I wouldn't exactly call it abuse. You're an IP Pirate.  And no, it isn't as cool as the word pirate might imply. Also, if you think folks won't realize this is just an ad thread for your kno

Lock, dump, ban, kill.    Good luck with your store!

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5 hours ago, sameoldjetsstore said:

Would appreciate any support from fellow Jets fans in spreading the word and sharing the blog post!

The days of making fun of Jets fans is over.

Eat sh*t.

SAR I

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3 minutes ago, slimjasi said:

But . . . it can't have a logo that is virtually indistinguishable from the NYJ logo at first glance. 

This is true most of the time, unless the altered trademarked logo is being used to ridicule the original by imitating it in a way that parodies or criticizes it, which the phrase "Same Old Jets" does. In that case, the Fair Use doctrine applies and it's protected under 1A. 

And just to be clear if I haven't said this already, I am in no way trying to trick anyone into thinking this is official Jets gear by using a logo that could be confused as theirs at a quick glance without reading it. The products are all sold online, on a store called "Same Old Jets Store", with product descriptions about how difficult it is being a Jets fan or how much the Johnsons suck. 

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3 hours ago, sameoldjetsstore said:

This isn't one of those threads, considering my products have all been taken down by Shopify and you literally can't buy them right now. I'm not here to sell anything. 

The first rule of SOJF Club is that you assume that Jets fans are as naive as you are.

Eat sh*t.

SAR I

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3 minutes ago, sameoldjetsstore said:

This is true most of the time, unless the altered trademarked logo is being used to ridicule the original by imitating it in a way that parodies or criticizes it, which the phrase "Same Old Jets" does. In that case, the Fair Use doctrine applies and it's protected under 1A. 

And just to be clear if I haven't said this already, I am in no way trying to trick anyone into thinking this is official Jets gear by using a logo that could be confused as theirs at a quick glance without reading it. The products are all sold online, on a store called "Same Old Jets Store", with product descriptions about how difficult it is being a Jets fan or how much the Johnsons suck. 

As a member of the Jets Fan Advisory Board I am hereby requesting you to cease and desist immediately or I shall report you to Jets management before morning.

SAR I

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3 minutes ago, sameoldjetsstore said:

A bit harsh... I come in peace.

You are a lame bit-penny merchant here to market your product for free to an audience that doesn't believe in your message.

You come in ulterior motive.  Worse, you think we're all uneducated used Ford owners who believe everything we hear on Beningo and Mehta.  Think again; you airplane people are done. 

SAR I

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Just now, SAR I said:

You come in ulterior motive.  Worse, you think we're all uneducated Ford owners.  Think again.

 

I don't think any of those things. I am not marketing anything, because I don't have anything to market. My store is offline for the foreseeable future, if not permanently, though I'll fight my hardest for that to not be the case. 

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7 minutes ago, sameoldjetsstore said:

I don't think any of those things. I am not marketing anything, because I don't have anything to market. My store is offline for the foreseeable future, if not permanently, though I'll fight my hardest for that to not be the case. 

Good.  Justice has been served.

The Jets finished the year 6-2 rallying behind an owner, GM, and head coach they believe in.  Like so many other Jets teams in the past they could have quit on themselves after 1-7 and smoked weed, got DUI's, sped with preteeens in the car, sent dick pics, dated underage girls, punched themselves in the jaw, retired, went AWOL, and all the other traits they've shown towards other coaches and management in the past.

Not this time.  Went on a 6-2 tear, second best record in the NFL in that span.

The Jets are reborn.  You are 2 years, 1 GM, 1 head coach, and 1 quarterback too late.  You are a piece of **** for trying to pray upon the weak-minded and turn a profit by perpetuating a myth that no longer exists.  Sell crack; it's more honorable.

SAR I

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Barstool with the "God Damn" thing has no issue because either  the NFL licensed it, or they avoided using NFL copyrighted logos. You are infringing on copyrights without paying for them. To the NFL those copyrights have value, and if you want to use it, you pay them for their blessing. Or don't use it. As was said in The Day, tough titties. Tell your story walking. 

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1 minute ago, SAR I said:

The Jets are reborn.  You are 2 years and 1 quarterback too late.

I love Sam and think he's the future of this team. No question about it. I hope I'm wrong about Gase and he's the right guy for the job.

Regardless, I don't believe justice has been served. The NFL is in the wrong, and they're trying to scare me out of business. This has nothing to do with whether or not you support the message behind my store... if you don't, that's fine! You're of course entitled to your opinion. 

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9 minutes ago, sameoldjetsstore said:

This is true most of the time, unless the altered trademarked logo is being used to ridicule the original by imitating it in a way that parodies or criticizes it, which the phrase "Same Old Jets" does. In that case, the Fair Use doctrine applies and it's protected under 1A. 

And just to be clear if I haven't said this already, I am in no way trying to trick anyone into thinking this is official Jets gear by using a logo that could be confused as theirs at a quick glance without reading it. The products are all sold online, on a store called "Same Old Jets Store", with product descriptions about how difficult it is being a Jets fan or how much the Johnsons suck. 

Listen, maybe you have a legal leg to stand on, maybe you don't. I honestly don't give a f*ck about the law. You could be right. It sounds like you have done research and feel confident in your legal argument. Good for you. 

All I can tell you is that I don't think it's a good idea to let people mimic (and mock) team/company logos and profit.

I hope the NFL shuts this sh*t down. 

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2 minutes ago, sameoldjetsstore said:

I love Sam and think he's the future of this team. No question about it. I hope I'm wrong about Gase and he's the right guy for the job.

Regardless, I don't believe justice has been served. The NFL is in the wrong, and they're trying to scare me out of business. This has nothing to do with whether or not you support the message behind my store... if you don't, that's fine! You're of course entitled to your opinion. 

We're winning the division in 10 months.  The NFL is doing you a favor by shutting you down. 

Your inability to take the temperature of the fanbase you are soliciting is amazing, though.  Not everyone can afford business school.

SAR I

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2 minutes ago, slimjasi said:

All I can tell you is that I don't think it's a good idea to let people mimic (and mock) team/company logos and profit.

 

Fair enough. Again, you're entitled to your opinion. The Fair Use doctrine very clearly allows for that as a First Amendment right. 

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4 minutes ago, SAR I said:

Your inability to take the temperature of the fanbase you are soliciting is amazing, though. 

The store launched shortly after Gase was promised job security by CJ, with the first products being "Sell The Team" shirts, hoodies, etc. I took the temperature quite well and sold a lot of them. 

I of course had plans to pivot and launch some less critical/negative gear during the offseason as excitement began to grow for Sam's third year. 

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2 minutes ago, sameoldjetsstore said:

Fair enough. Again, you're entitled to your opinion. The Fair Use doctrine very clearly allows for that as a First Amendment right. 

Say that for the 12th time tonight, you know, we stupid Jets fans didn't hear you the first 11 times.

We aren't here for your amusement or your profit.  Beningo, Mehta, airplane banners, and SOJF's are out of business.  You too.

SAR I

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3 minutes ago, SAR I said:

We aren't here for your amusement or your profit.  Beningo, Mehta, airplane banners, and SOJF's are out of business.  You too.

 

Not sure I understand where the hostility is coming from here, but I'm not going to continue interacting with someone so vitriolic. Have a good night. 

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Just now, sameoldjetsstore said:

The store launched shortly after Gase was promised job security by CJ, with the first products being "Sell The Team" shirts, hoodies, etc. I took the temperature quite well and sold a lot of them. 

Yeah, at 0-4 you did exactly what our coaches and players didn't-  you quit on the team.  Shameful.

And then Gase got his QB back and put a decent Band-Aid© on the OL and look at that, finished 6-2 with big wins over the Cowboys, Raiders, and Steelers for good measure.

Yeah, you took the temperature quite well.  Great time to convince fans that 2020 is going to be Same Ol' Jets again.

SAR I

© "Band-Aid" is a registered trademark of Johnson & Johnson Consumer Inc. 2006-2019.

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5 hours ago, sameoldjetsstore said:

Did you read the blog post, written by my attorney, who is a trademark attorney? Here's the relevant excerpt:

 

So I hate to break it to you but your attorney sucks. That is a complete misapplication of nominative use. That's not how the concept works nor how it is applied. Unless the judge hates Woody Johnson you are fighting a losing battle here. It's the exact same logo and you are making money off of it.

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Just now, sameoldjetsstore said:

Are you an attorney? And in what way is it a misapplication of nominative use?

He gets $350 an hour for legal advice; you have Venmo?

SAR I

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5 hours ago, dbatesman said:

What does money have to do with anything? He’s right. Parody has been repeatedly affirmed as a form of fair use.

Vast overstatement here. That hoodie with the logo is tenuous AF. Likelihood of confusion and/or dilution is high at face value.

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2 minutes ago, RutgersJetFan said:

^This. I need Longines money.

I wish I could help, but I think it would violate my retainer to hire another attorney. And their $0/hour rate is a bit more in my price range as a 27-year-old in NYC living paycheck to paycheck. Do you think you can come down a bit on that rate?

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