NOGI Facts

There has been some controversy over who NOGITM really is. Let's try to clear that up:

FACT: NOGITM is owned by: Chris / Zack / Jake Brennan and Jeremy Cripe...PERIOD

FACT: NOGITM is legally Trademarked by the above. (note: this includes all variances of the word. Such as :hyphenated, with the macron over the O, without the macron, etc... )

FACT: Any person or entity other than the above, using the name NOGITM without our permission is in violation of the law.

     It is unfortunate that BTT and their investors have put all this time and effort into a clothing line and none of that effort was directed toward finding out if the name was taken.

     We have no ill will toward BTT or their investors and, in no way infer the products they produce are of poor quality.

 

Bottom line is, there are TONS of clothing lines out there and there is plenty of room for more in the future....just use your own ideas.

Ok, but who the fuck are you?

The first, easiest and cheapest pre-TM is to put all your product info and what not on paper and mail it to yourself, don't open the envelope, but you will have a federal post marked package that will support your claim to complete ownership of said product and images.

Goku: As per the original post:

FACT: NOGITM is legally Trademarked by the above. (note: this includes all variances of the word. Such as :hyphenated, with the macron over the O, without the macron, etc... )

I wouldn't worry too much. Did you see the duds Vitor was wearing, that had their emblem on them?

So spiffy people wanted to know if Vitor was preggers, or maybe trying to stay in character for his cameo on "Barretta."

They are not going to set the fashion world on fire any time soon.

Actually, I guess that is a reason to worry, after all, since it makes the name look bad.

Never mind.

does "TM" apply internationally?

"FACT: Any person or entity other than the above, using the name NOGITM without our permission is in violation of the law."

This is a loaded statement. It is incorrect in fact. I'm not saying the TM is worthless, but owning a TM does not protect against ALL USE. Your section 106 rights are balanced against fair use, so lets not get carried away. That said, commercial use will create problems that will demand legal attention.

NoGi sounds like a descriptive mark at best. The mark specifically describes the products (they are not the Gi) and as such gets less protection since the TM has not acquired secondary meaning IMHO. This is my analysis, and not the only analysis. The TM might be open to a challenge as to it's inherent distinctiveness (regarding clothing).

Finally, I went to USPTO.gov, and found no such name trademarked, or even an application. Additionally, none of the 4 names you mention come up in a TM owner search. What gives?

-jk

edited to add the second line

Not really.

Simply TMing a name in the US does not get you international protection at all levels.

"does "TM" apply internationally?"


The first, easiest and cheapest pre-TM is to


(snip)

It's also complete bullshit. Don't forget that!

I support CHRISTOPHER BRENNAN and am just reacting to the original post from an academic standpoint.

Goku, I am more careful about posting on IP issues ever since you tought me a thing or 2 on the UFC © violation thread some months ago. lol.

-jk

  • edited: I found out what a "macron" is *

Jumpkick and Goku: The statement above was just a general statment meant to infer that we are the original NOGI.

We will be happy to supply you with the TM # if you e-mail us. Which our Attoney informed us will be ®  in 3-6months

     And you are correct. The TM is for clothing issues. (meaning there is no TM on NOGI: sports cars.)

 

The original statment was not meant as a "specific" diagram....just a simple layout for those who are confused over our Nogi clothing line.

 

 

note: ouch, did you have to use his middle name?

Are we all going to be sued for typing the name here?

as of right now if you go to http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=98vcec.1.1 the United States Trademark Office and type in NOGI - you will get zero results. The name is wide open, had not been registered - as far as the USPTO states.

middle name edited

TM issues like this are complicated, and judges decide what is legal or not when it comes to these things. Good luck with your clothing line.

-jk

"The first, easiest and cheapest pre-TM is to put all your product info and what not on paper and mail it to yourself, don't open the envelope, but you will have a federal post marked package that will support your claim to complete ownership of said product and images."

THis doesn't always work. All it proves is that you started use of the name at a certain time. It is not a legal registered TM.

It's up to the guy with the TM to go after the guys using their TM. The best bet is to warn them first to cease and desist. Then if that is no dice then you go after them legally.

I did a TM on my own company back in the early 90's. When you do so they notify you of all other companies who try to do it after you.

The Memphis Mad Dogs Football team paid me some cash to use their name.

you cant TM a name, only logos + name . you better trademark every logo you have, NOGI is wide open as of today. there are no results on the TESS site ( government )

It seems weird that you can trademark a term like that. What if I trademarked "field goal" or "tee-ball"?

"THis doesn't always work. All it proves is that you started use of the name at a certain time. It is not a legal registered TM."

Actually this does nothing for you in terms of use as it pertains to TM.

"you cant TM a name, only logos + name ."

No. There are word marks, design marks etc.

-jk