ODU AGGIE
Heisman
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RE: HEINICKE BEER
Evidently, it's a good idea whose time has come, gone, and shall never be resurrected!
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06-05-2013 06:52 AM |
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bit_9
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RE: HEINICKE BEER
You would be surprised who companies come after for trademark. Especially if it's on the interwebz for all to see.
Silly laws aside I think the shirts are freakn awesome.
(This post was last modified: 06-05-2013 07:43 AM by bit_9.)
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06-05-2013 07:41 AM |
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EverRespect
Free Kaplony
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RE: HEINICKE BEER
I think the free marketing they get from the shirts is more valuable to the beer company than the few hundred dollars the guy made that sold them.
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06-05-2013 07:44 AM |
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Sirloin Burger
All American
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RE: HEINICKE BEER
Companies will protect their trademarks and this is a clear violation of it. Companies don't let things go. A simple cease and desist order may do the trick or full litigation may go forward. Free marketing? There are many reasons why companies protect their trademark and it's not always about money. The name that appears on that shirt belongs to a person who is under the legal age to drink in the US. Letting it go could send mixed signals to consumers.
If said university has a contract to sell a certain brand of beverage, that company may not like the name of that university on a logo that looks strikingly like that of a competing brand.
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06-05-2013 01:24 PM |
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Razor Ramon Monarch
Heisman
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RE: HEINICKE BEER
The university isn't and never was responsible for the shirts and would have zero part in any lawsuit.
And yeah, if there's one thing we all know about beer companies it's that they in NO WAY want to encourage 18 and 19 year old college students to drink.
Hilarious.
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06-06-2013 12:15 AM |
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MonarchFans
Water Engineer
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RE: HEINICKE BEER
I have got a copy of this design. It doesn't have any
"ODU" or "Old Dominion" just "football" and "premium quarterback" with some letters spelled "Heinicke" (some other Heinicke, not ODU's) . Haven't tested it on a Tshirt yet and I'm sure people can use if there is no profit made or money taken to make their own custom design tshirts right?
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06-07-2013 01:28 PM |
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ODU AGGIE
Heisman
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RE: HEINICKE BEER
I love it! Let me know if you move forward with it.
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06-07-2013 02:29 PM |
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djnva
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RE: HEINICKE BEER
Not to be a killjoy, but per an NCAA compliance person:
"it is impermissible for anyone to sell an item that uses the name (first, last, or even a nickname), picture, or likeness of a student-athlete with remaining eligibility."
It's important to note that you wouldn't get in trouble, but the school could get looked at.
It's an "institutional violation".
Some of the language:
12.5.2.2 Use of a Student-Athlete’s Name or Picture Without Knowledge or Permission. If a student- athlete’s name or picture appears on commercial items [b](e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.
There are others, but this basically says if you do it with Heinicke's permission, his eligibility is in question.
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06-07-2013 02:57 PM |
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monarchoptimist
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RE: HEINICKE BEER
(06-07-2013 02:57 PM)djnva Wrote: Not to be a killjoy, but per an NCAA compliance person:
"it is impermissible for anyone to sell an item that uses the name (first, last, or even a nickname), picture, or likeness of a student-athlete with remaining eligibility."
It's important to note that you wouldn't get in trouble, but the school could get looked at.
It's an "institutional violation".
Some of the language:
12.5.2.2 Use of a Student-Athlete’s Name or Picture Without Knowledge or Permission. If a student- athlete’s name or picture appears on commercial items [b](e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.
There are others, but this basically says if you do it with Heinicke's permission, his eligibility is in question.
The school should really look into all the Heinicke memorabilia being sold on ebay as well. Because based upon my experience working with memorabilia and the bylaw you posted above I'm pretty certain it's a violation.
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06-07-2013 03:14 PM |
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djnva
All American
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RE: HEINICKE BEER
Most of those are autographed items. I think that's a different thing.
Tough to say he doesn't have knowledge of those :)
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06-07-2013 06:42 PM |
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monarchoptimist
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RE: HEINICKE BEER
I actually don't think it is different because you are using the athlete's name to sell the item. It is what gives the item its value.
Not sure how accurate this is:http://www.sportsagentblog.com/2013/02/19/the-selling-of-student-athlete-autographed-memorabilia-just-dont/
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06-07-2013 09:51 PM |
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workingodu
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RE: HEINICKE BEER
And don't be surprised if the security at the games ask u to turn it inside out. They did it last year for me. They were nice about it but just said if seen on tv it could cause problems so just to avoid the appearance of an issue..be proactive.
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06-07-2013 10:18 PM |
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GO_MONARKS
1st String
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RE: HEINICKE BEER
Out of respect of TH, those shirts should not be worn....
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06-08-2013 12:21 AM |
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Sirloin Burger
All American
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RE: HEINICKE BEER
(06-06-2013 12:15 AM)Razor Ramon Monarch Wrote: The university isn't and never was responsible for the shirts and would have zero part in any lawsuit.
I never blamed the university for the t-shirts. The perspective was from the company and its' trademark.
(06-06-2013 12:15 AM)Razor Ramon Monarch Wrote: And yeah, if there's one thing we all know about beer companies it's that they in NO WAY want to encourage 18 and 19 year old college students to drink.
Hilarious.
Nevermind the fact that you can watch a movie with drinking in it (Animal House, American Pie or most recently Project X). Or hear a song about drinking. Or simply watch adults drinik. Beer companies don't need to encourage that. We do it for them.
My quality post pointed out reasons why a company would protect it's trademark. Specifically, what signals consumers might receive from seeing what appears to be a beer t-shirt with an under aged college student's name on it. This may have a negative impact on the company as consumers may perceive them as encouraging minors to drink.
In this case it's not Heineken that's subliminally encouraging minors to drink, it's the person who created these illegal t-shirts. He wants you to draw a correlation. Look at the thread title.
Please read my quality posts carefully and take as much time as you need to comprehend. I know it's hard but you may learn something.
(06-07-2013 10:18 PM)workingodu Wrote: And don't be surprised if the security at the games ask u to turn it inside out. They did it last year for me. They were nice about it but just said if seen on tv it could cause problems so just to avoid the appearance of an issue..be proactive.
If seen by TV viewers you say? How about that?
Any questions?
If you're going to support TH, how about buy his Nike 14 jersey when they come out.
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06-08-2013 11:36 AM |
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Monarchist13
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06-08-2013 06:24 PM |
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