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NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge
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NYC Triathlon VS NYC Triathlon Club : The Lanham (Trademark) Act Let the tri community be the judge. NYC triathlon LLC against the NYC Triathlon Club non profit


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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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Money well spent!
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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I can't imagine they have a leg to stand on. Not with LA Triclub & LA Triathlon, Chicago // Chicago TC, etc.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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I think they've got a point. Also, it's not a legal issue but I also think taking the name "NYC Triathlon Club" is kinda presumptuous. There are older and bigger clubs in the city.

EDIT - though kudos to the lawyers for truncating the New York City Triathlon to NYC Triathlon which sounds a lot more like what they're objecting to!



"Are you sure we're going fast enough?" - Emil Zatopek
Last edited by: luckyleese: Feb 26, 10 10:40
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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ooooooooooh NYC Tri hired Orrick.

Wonder how long it is going to take the DC Triathlon Club to sue the people at The Washington DC Triathlon?

Trademark issues aside, the name 'Washington DC Triathlon' just sucks. Couldn't think of anything hokey or patriotic for DC? Branding fail.

Lisa

http://www.lisakildayphotography.com

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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [lisalisadc] [ In reply to ]
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The number of triathletes in NYC I wouldn't be surprised if it's pro bono...



"Are you sure we're going fast enough?" - Emil Zatopek
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [lisalisadc] [ In reply to ]
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In Reply To:
ooooooooooh NYC Tri hired Orrick.

Wonder how long it is going to take the DC Triathlon Club to sue the people at The Washington DC Triathlon?

Trademark issues aside, the name 'Washington DC Triathlon' just sucks. Couldn't think of anything hokey or patriotic for DC? Branding fail.

But it's not the Washington DC Triathlon. It's the "Nation's Tri."

http://www.thenationstriathlon.com/

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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How are you going to respond?



"Are you sure we're going fast enough?" - Emil Zatopek
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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Regardless if there is a confusingly similar nature between the two names there needs to be bad faith on the Def's part...kind of hard to get out of this I think. Going for the cybersquatting/ACPA part of the act (1125 (d)(1)(a) is weak considering the specific acts that the act was inspired to prevent are not even closely related since P isnt trying to profit from D's mark. I just had to geek out on this for the past month and now its showing up on the boards i run to when im tired of brief writing. I'm going for a run, it's safer out there.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Rappstar] [ In reply to ]
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There's a new one called the Washington DC Triathlon:

http://www.dctri.com/

-----------------------------------
team website: http://snappletriteam.com/

team blog: http://snappletriteam.com/?page_id=10
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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It seems that this race director has too much time and money on his hands. I am not an attorney, but did check with my wife (who is one.) She read the first page of the complaint and was clear that there is nothing the NYC Triathlon Club (can I get sued for using NYC in this sentence?!) that is in violation of any law.

I would love it if some WALL St billionaire decided to put on a race with no entry fee the same day as Mr Litigeous has his. GREEEEED!

PS If the owner of the NYC tri is reading and wants to sue me, please PM my attorney wife, Noreen!
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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Hi ST. I want to share with you excerpts of an email that I just sent to our club members. -Lidia

Dear NYC Triathlon Club members,

The Board of Directors of your club would like to inform you about a recent incident pertaining to the club.

This week the NYC Triathlon Club, Inc. was sued for trademark infringement by the New York City Triathlon LLC. This is indeed a sad day for triathlon when a large triathlon race organizer tries to damage the community it's supposed to support, the same community that is the source of the organizer's success. It is us, the athletes, particularly the athletes of New York City, who support John Korff and his Nautica New York City Triathlon.

Essentially, the lawsuit claims that The New York City Triathlon LLC is the owner of the trademark "New York City Triathlon" along with the marks NYC Triathlon and NYC Tri. These are nothing more than generic phrases, which are not protectable under the US Trademark laws. For example, no one has the right to own the word for a sport itself--- no one can own the word "running " for running, "cycling " for cycling or "swimming" for swimming. Likewise, no single entity has the right to own the word "triathlon " as a trademark. Similarly, New York or New York City cannot be owned either. Hence, The New York City Triathlon LLC / John Korff Enterprises do not have any rights to the generic phrase "New York City Triathlon".

We are looking for any lawyers who are members of the club, particularly those who specialize in trademark law or any members who know trademark attorneys. Our objective is to form a consortium of attorneys to assist or represent us in this case. NYC Triathlon Club is a young organization and we cannot compete with the hundreds of thousands of dollars that John Korff Enterprises and The New York City Triathlon LLC is spending to strip of us of a basic right to use generic words and phrases.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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Hmmm... Reminds me of a certain other triathlon industry corporation beating down on an independently organized 140.6 mile jaunt into NYC a few years ago...

I hope the small guy prevails this time...

-----------------------------------------------
www.true-motion.com Triathlete Casual Wear since 2007
(Twitter/FB)
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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In about 30 min of Google searches I found 17 clubs who have a cities name as well as a triathlon races with the same name in the same town, which makes me wonder why these all peacefully coexist but somehow one RD cannot. Maybe the fact that the new york city triathlon race generates 9 million of the backs of participants and sponsorships has something to do with it....
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Rappstar] [ In reply to ]
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In Reply To:
In Reply To:
ooooooooooh NYC Tri hired Orrick.

Wonder how long it is going to take the DC Triathlon Club to sue the people at The Washington DC Triathlon?

Trademark issues aside, the name 'Washington DC Triathlon' just sucks. Couldn't think of anything hokey or patriotic for DC? Branding fail.


But it's not the Washington DC Triathlon. It's the "Nation's Tri."


http://www.thenationstriathlon.com/

There is the Nations Tri and now there is the Washington DC Triathlon. It's new and it's run by the same folks.

http://www.dctri.com/

http://nationstri.com/


__________________________________________________________________________
My marathon PR is "under three, high twos. I had a two hour and fifty-something."
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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I wonder... if the race was named "Straight banananas Triathlon", would they then name the club "Straight bananas triathlon Club" to get a free ride on the race's success?

Or... could it be that they would like to name themselves NYC triathlon club for another reason?

I do agree that it is a bit presumptuous to name themselves NYC triathlon club though, for the very reason that was stated in the second or third post. I'm assuming that the club is still owned by the SBR shop.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [t2k] [ In reply to ]
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In Reply To:
Hmmm... Reminds me of a certain other triathlon industry corporation beating down on an independently organized 140.6 mile jaunt into NYC a few years ago...

I hope the small guy prevails this time...


Not the same. WTC owns the Ironman, 140.6 and 70.3 trademarks.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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Just for the record, I put on the New York Triathlon Series in 1985, perhaps I should be sueing them..And I can prove that if it helps your case..What a bunch of assholes, lets beat them down for trying this...
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [bjornm] [ In reply to ]
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bjornm

For the record, SBR does not own or has part in the NYC Triathlon club. SBR ‘s tri club dismantled and all members collectively became part of the newly organized NYC Triathlon club. As for why the NYC triathlon club? We’ll there was simply no name sake club, as I mentioned a quick search provided about 17 clubs. So Why LA triclub, or Chicago or Boston?
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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I see, thought that this was SBR with a new name as it was mentioned that they changed name (or I read wrong).

What you are saying is that this is a new club, unaffiliated with SBR, just happening to have the same members as the old club has.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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Absolutely senseless lawsuit. A race is race and a club is a club. If your club is in NYC, well then it's the NYC triathlon club. Enough. I will not be racing it anymore. Stuff like this makes me sick.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Christophe] [ In reply to ]
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What about the 25 years old New York Triathlon Club?

http://www.nytri.org


They might sue you too!




.
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [lisalisadc] [ In reply to ]
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"NYC Tri hired Orrick."

and they aren't the first in our sport to do so. you might find the backstory interesting, which i thought worth writing.


Dan Empfield
aka Slowman
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Axles of Evil] [ In reply to ]
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In Reply To:
What about the 25 years old New York Triathlon Club?

http://www.nytri.org


They might sue you too!


No. They sue NYC Triathlon.

_________________________________________________
CAMPAGNOLO GRAN FONDO NEW YORK
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Re: NYC Triathlon VS NYC Triathlon Club: Let the tri community be the judge [Axles of Evil] [ In reply to ]
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In Reply To:
What about the 25 years old New York Triathlon Club?

http://www.nytri.org


They might sue you too!


I actually wondered this too when I first heard about the new club. The name change was confusing to me too. Although I can't tell if the NYTC is an actual club or just puts on races...
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