[SFDXA] This is a bad trend…..

[Bill Dzurilla]

I'm not a trademark lawyer, but registration means that you CLAIM the mark and does not necessarily mean that you do in fact OWN it (although it does provide a presumption of ownership in some instances).  Many people make odd trademark claims, e.g., Johnny Manziel trying to trademark "Johnny Football", Syracuse University trying to trademark "Orange", Subway trying to trademark "footlong", Donald Trump trying to trademark "You're fired".

It is surprising that the USPTO even would consider registering generic descriptive marks such as DX Dinner and DXpedition of the Year.  The USPTO's own brochure provides "World's Best Bagels" as an example of a descriptive mark that is "may not be registrable or protectable against later users of identical or similar marks".

Unless someone challenges SWODXA's claims, the only way SWODXA's claims would be tested is if they file an infringement suit against someone else using their claimed mark.

In any event, regardless of legalities, it does seem bad form for SWODXA to attempt to register these marks.  In addition to DXpedition of the Year and DX Dinner, they also are claiming DXpeditioner of the Year.  DX Dinner and DXpeditioner of the Year were placed on the supplemental registry, which provides fewer rights.

73, Bill NZ5N    




________________________________
 From: Todd Coulter <Coulter at bellsouth.net>
To: sfdxa at mailman.qth.net 
Sent: Monday, January 13, 2014 11:00 AM
Subject: Re: [SFDXA] This is a bad trend…..
 

I have copied another article about this issue from the website DX 
World. Interesting to note that DX World received an email from a SWODXA 
member about their use of the term " DXpedition of the Year". 
http://dx-world.net/

Todd
N4JRZ


    We’re not allowed to use DXpedition of the Year any more!
    <http://dx-world.net/2014/were-not-allowed-to-use-dxpedition-of-the-year-any-more/>

    Saturday Jan 11, 2014

21 comments › 
<http://dx-world.net/2014/were-not-allowed-to-use-dxpedition-of-the-year-any-more/#comments>

Yes, that’s right. The SouthWest Ohio DX Association 
<http://www.swodxa.org/> have decided to trademark (™) “/DXpedition of 
the Year/” and “/DX Dinner/“.

Next time you visit your local radio convention and talk about previous 
DXpeditions over some lunch be careful not to mention the above phrases; 
they are, in essence, SWODXA’s.

Not long after announcing the DXpedition of the Year 
<http://dx-world.net/2014/result-dx-world-dxpedition-of-the-year/> by DX 
World would be running for three weeks between Dec/Jan, I received an 
email attributed to a member of SWODXA informing “/DXpedition of the 
Year/” was copyright and I should be careful when using it. I replied in 
kind…[click me! 
<http://dx-world.net/wp-content/uploads/2014/01/msg3.jpg>]  <- note the 
email address.

Simply, this trademark issue does not affect those outwith the USA. 
Anyhow, to continue the theme, have a read of the following pages.

1) http://n6pse.wordpress.com/2014/01/08/this-is-a-bad-trend-2/

2) 
http://www.ae5x.com/blog/2014/01/11/shameful-behavior-from-the-southwest-ohio-dx-association/

3) http://www.eham.net/ehamforum/smf/index.php/topic,94384.0.html

I’m sure there will be more blog posts written about this soon enough, 
but do members of SWODXA feel comfortable their donations / hard earned 
money is being used this way?

Before I sign off, let me say that it’s kind of ironic SWODXA list 
<http://www.swodxa.org/links.htm> DX World as a reference, considering 
the global ‘DXpedition of the Year’ poll just finished here.

Meanwhile, I personally have been a pilot station for “/The DXpedition 
of the Year™” /in 2011 and 2012, receiving trophies for both. If, as is 
quite possible, K9W become the next DXpedition (I have been involved 
with at pilot level) to win this award, I sure do not want a third 
trophy with SWODXA’s name on it.

Unless a rethink is not too late?

Col, MM0NDX @ DX World




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