W
wkmiller
Guest
I am one of the organizers of a local bike club in Cedar Rapids, Iowa. We are a group who have been riding together for years. There is a bike ride here called RAGBRAI that draws as many as 10,000-15,000 riders every year. This is our main event of the year. In September of 1999 we all got together and bought a used school bus and formed a club that we call Team Voodoo. We incorporated ourselves as a non-profit organization called Pumpkin Farm Excursions. The reason we didn't incorporate as Team Voodoo is that it took us a long time to come up with a name that everyone liked.
One of our members is a graphic artist and has designed a logo for our group. We have had some t-shirts made up with this logo. I am an Electrical Engineer and I created a web site where we share pictures and information and generally fun items. On this web site I posted a picture of the t-shirt design along with some other things like stickers, tattoos etc. that we were having made for our members and friends. We sell these t-shirts basically for cost. Our group has not as yet received any money from the sale of these shirts. All the money goes to the guy who designed the shirts to cover his costs.
I recently got an e-mail from a guy named Bob Krueger who is the registered owner (registration # 2342824) of a trademark on the words Team Voodoo. The trademark covers "Automobile accessories, namely, handbrake handles, gearshift knobs, tire valve caps Clothing, namely, shirts, jackets, caps, visors". He also runs the web site http://www.teamvoodoo.com. I believe his main business is Miata parts and accessories. Mr. Krueger has demanded that we remove the t-shirt portion of our web site charging that we are infringing upon his trademark. So far this has been his only demand. He has specifically stated that he does not mind us selling the t-shirts. He is only concerned about us selling the shirts on the internet. I have read what I could find regarding trademark infringement and believe that our use of the name Team Voodoo is not a violation of the trademark laws. We are Team Voodoo the bike club. This has nothing to do with Mr. Krueger's business. If this is the case then are we infringing upon his trademark by putting our name on the t-shirts? If not then how can we be infringing by advertising them on our web site? I would dearly love to get some good legal advise on this issue.
Personally, I am beginning to wonder if Mr. Krueger's demand isn't an infringment of my 1st admendment right to free speech. Does Mr. Krueger now control all use of the name Team Voodoo on t-shirts? There are many groups around the country and the world that call themselves Team Voodoo. There is a paint ball team in New York and a brigade of Rangers in the U.S. Army. Are they not allowed to have t-shirts made?
One of our members is a graphic artist and has designed a logo for our group. We have had some t-shirts made up with this logo. I am an Electrical Engineer and I created a web site where we share pictures and information and generally fun items. On this web site I posted a picture of the t-shirt design along with some other things like stickers, tattoos etc. that we were having made for our members and friends. We sell these t-shirts basically for cost. Our group has not as yet received any money from the sale of these shirts. All the money goes to the guy who designed the shirts to cover his costs.
I recently got an e-mail from a guy named Bob Krueger who is the registered owner (registration # 2342824) of a trademark on the words Team Voodoo. The trademark covers "Automobile accessories, namely, handbrake handles, gearshift knobs, tire valve caps Clothing, namely, shirts, jackets, caps, visors". He also runs the web site http://www.teamvoodoo.com. I believe his main business is Miata parts and accessories. Mr. Krueger has demanded that we remove the t-shirt portion of our web site charging that we are infringing upon his trademark. So far this has been his only demand. He has specifically stated that he does not mind us selling the t-shirts. He is only concerned about us selling the shirts on the internet. I have read what I could find regarding trademark infringement and believe that our use of the name Team Voodoo is not a violation of the trademark laws. We are Team Voodoo the bike club. This has nothing to do with Mr. Krueger's business. If this is the case then are we infringing upon his trademark by putting our name on the t-shirts? If not then how can we be infringing by advertising them on our web site? I would dearly love to get some good legal advise on this issue.
Personally, I am beginning to wonder if Mr. Krueger's demand isn't an infringment of my 1st admendment right to free speech. Does Mr. Krueger now control all use of the name Team Voodoo on t-shirts? There are many groups around the country and the world that call themselves Team Voodoo. There is a paint ball team in New York and a brigade of Rangers in the U.S. Army. Are they not allowed to have t-shirts made?