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Jeff_in_KC
03-11-2006, 12:04 AM
I found out tonight that apparently there is another Big Creek BBQ cooking out there. Anyone remember a few months ago I mentioned someone who emailed me claiming I stole their team name but came back with some childish crap in response to me questioning who they were? Well, from what I found out tonight, there is a Big Creek BBQ somewhere in the south (Tennessee or Alabama or somewhere like that I think I heard) that has been cooking MIM for about ten years. From what I gather, they recently began cooking in some KCBS contests in the South.

When I decided upon a name that was identifiable to my home town (everything is Big Creek This and Big Creek That), I checked at the Web site that keeps team name databases, I looked through KCBS contest results to see if there was another team. I even registered as a KCBS member using Big Creek BBQ. No one told me there was another team and I found no indication that there was.

I don't feel like I should change my team name because of someone from a place I'll likely never compete. I have the domain name for my Web site. I have paid for logos. I have paid for vinyl lettering for my Q van. I am having large logos made for my smoker. I have bought and paid for a nice banner. I've even registered the name with the Missouri Secretary of State's office.

The only thing that I can forsee a problem with would be team of the year points and I don't reckon I'll be getting many of those any time soon. And if I do, I'll just keep track myself (I think I can count to three! :lol: )

So, has anything like this ever happened to anyone else? Thoughts?

PimpSmoke
03-11-2006, 12:23 AM
Man thats tough.
Being a musician in a previous life (before BBQ) I can tell you that usually names go to the person who can prove they have been under that name for the longer period of time. BBQ....I don't know.

All I would say is, how would you deal with someone using your name after you have had it for a coupla years, and having more legal right than you do. Even though you've been flying under that banner for years (hypothetical).

Legally (read, rules wise) I think you have the right to the name, no question. But all I would advise is that you sit down a moment, open an cold one and walk in the others guy's shoes for awhile. Then I think you might have some more ideas or perspective.

What about Big Creek BBQ Midwest? Maybe if you can ever bring yourself into a dialogue with these guys you can work something out.

Anyway my thoughts FWIW.

Jeff_in_KC
03-11-2006, 12:29 AM
Yeah, that makes sense. Not sure now how to get ahold of them but I imagine KCBS could help with that. I suppose I could "officially" use something different but keep my banners, decals, etc. the same. Afterall the points would be the only issue (if there ever were any of those to worry about). Possibly spell BBQ differently? There's an infinite number of ways to do that as is obvious.

FatDad
03-11-2006, 01:03 AM
The first thing YOU need to do is get a copywrite on you illustrations.
Next...just because someone else has that name.........
CHECK WITH THE PATENT OFFICE........
If no patent has been filed on that name...you can own it by filing.
Heck.....I can file a patent on my name if no one else has.
Don't get you panties in a wad...just calm down and think things out.

kickassbbq
03-11-2006, 07:09 AM
First of all I would tell THEM that if they don't have that name on a copyright or the logo patented, WHO CARES. Keep your name. It's BBQ. If you both show up at a comp, one of you can tape a #1 or #2 on your banner.
I would not worry about it unless one of your businesses started making a couple mill a year and then thought the other was infringing.
Don't change anything. If they ain't a BROTHER, make them change theirs if they want to.
Hey, nobody gonna take my name and logo, I bet!!!
Have a GREAT weekend you BBQ Dog Man (the REAL Big Creek BBQ in my book)
Smoke On!!!!!
ed

BobberQer
03-11-2006, 07:09 AM
First thing that comes to my mind is that Big Creek, as a place, name, would not be able to be "patented."... you're from Big Creek, they aint... ignore 'em ..let someone else worry about the happenstance of the two teams at the same competition, points, and all the other crap:biggrin:

Yakfishingfool
03-11-2006, 07:47 AM
could always add the state initials after big creek, but would force them first. Did you get a copyright??? Scott

BBQchef33
03-11-2006, 08:16 AM
I'd worry about it IF it ever comes up at an event.. Other than that.. let it go. Its BBQ.. u have perfectly legitimate rights to use the name regardless just case its your home town. Its not like you saw theirs , liked it and stole it.. Its coincidental and can be addressed later if it becomes an issue. For KCBS registration, just put a state inital next to yours.

On the legal stuff isf u want peace of mind..
First off A team name and logo is considered a Service mark. Its a variation of Trademark and usually is a name AND graphic. Our Brethren Pig is and international Servicemark. Copy rights and patents are different.. A team name(or website) is specificall a SERVICE MARK. If your looking into doing that you can go to the Govt website for Trademark registration. You will need to register for EACH catagory u intend to use the mark,a nd rach ctagory cost about 300 bucks. FOOD and Peirshables is a different catagory than aprons and tee shirts... etc... Prepare to drop about $1000 by the time your done.

Jeff_in_KC
03-11-2006, 09:09 AM
Thanks, guys. I might still try to contact the "other Big Creek" and let them know I'm not worried about it unless a conflict comes up and let it go. Service marks on logos sounds like a good idea. Can't afford to register trade marks at this time. But all in all, I'm going to let it drop again and let KCBS figure it all out if need be. That may be why my name was posted as Big Creek BBBQ on the KCBS results page for chicken at DeSoto last year. I thought it was a typo until now.

parrothead
03-11-2006, 09:46 AM
Get some vinyl "ger"'s made up and if there is a problem slap them all over the place and you just became BIGger CREEK BBQ.

jgh1204
03-11-2006, 11:40 AM
or, change the R to an H. New slogan, biggest butts in the midwest! :)

You might be able to copyright/trademark the name, but it is not cheap and if someone else already has it copyrighted or something similar, you are SOL.

Or festival, RioFest tried to do this, went sent the appropriate office the forms and $300. Only to find out, the RIO Hotel is already registered and that Fest is too generic.

chad
03-11-2006, 01:44 PM
Copyright is not usually the issue...if you've been using Big Creek in KCBS and they are just starting KCBS you've got the "rights" to the name in KCBS records....

I know this doesn't help the overall flap -- but that is the way it goes in naming...business names follow the same "rule" -- whoever "claims" it first wins...

Now, with a business name it's can get sticky because you can't get a listing for any area but your home state or licensing entity.

You could just "change" to Big Creek-Mo. or something like that.

Sawdustguy
03-11-2006, 04:34 PM
Jeff,

Don't sweat it. You may want to get you logo trademarked but it may not be absolutely necessary. It ain't worth loosing any sleep over.

HoDeDo
03-11-2006, 08:00 PM
Hey Jeff... some of us dottes might find a pig farm for them to tour if they give ya any grief:twisted:

FatDad
03-11-2006, 08:25 PM
Hey Jeff... some of us dottes might find a pig farm for them to tour if they give ya any grief:twisted:

Tony Soprano Mod :twisted:

spicewine
03-11-2006, 08:28 PM
DON'T SPEND ANY MONEY!!! Fark Them !! They are not going to spend any money to take you to court and even if they did they would have to present you with the evedince that they have against you. (If they have a trade mark on the name I will ---well ---Your Butt )

To anyone who is looking into this post--- Team Names, Rub Names, Sauce Names ect. are rarely patented or trademarked because of the cost!!

I say Roll the Dice and save your Money!!!

The worst that could happen is that they could spend a whole lot of money on Lawyers and you would have to change your name!!

Who Really Wins ???

Sawdustguy
03-11-2006, 08:30 PM
Tony Soprano Mod :twisted:

Makem an offa dey can't refuse.........:biggrin:

ChipotlePat
03-12-2006, 09:13 AM
Since you have the domain name for your Web site. You have paid for logos. You even have large logos made for my smoker. You have bought and paid for a nice banner. YOU even registered the name with the Missouri Secretary of State's office. I would have to agreee with Spicewine I if they are gowing to come for you. And worse comes you add MO. of some thing like that.

scottyd
03-12-2006, 12:18 PM
Keep your name, I remember when your search was on, you did your home work, feel good about yourself and your team. roll on brother.

Hawgsnheifers
03-12-2006, 02:28 PM
Jeff, If it came down to a judge or arbitrator deciding who get's the right to use that name, it would be the one that has the copywright on it. Since that costs a bunch, the real issue is best business practices. You've registered and own the domain name so they can't dispute that. Do they even have one? Second, you have documented KCBS history with dates and such. There is another history line. As someone else pointed out, this is BBQ and I don't think you or the S.E. team are going public any time soon, so the suggestion to just have something to add to your logo in the event that both teams happen to show up at the same comp would be a good idea. I would opt for adding a "MO" for Missouri to your logo. My computer company name is used all over the country but we have "Topeka Inc." added after the generic name to make it different. "Dynamic Computer Solutions of Topeka, Inc." Not likely to find another company, in another state, with the same city name and the same company name. Guess it might happen but not likely.

You might consider doing what I did with my BBQ domain. I registered hawgsnheifers.com and hawgsnheifersbbq.com. Both point to the same place, both domains parked right now as I'm getting the site done, but any email to both domains comes to me. Of course someone could come along and register all the other dot whatever's but that's not likely to happen. You could register bigcreekbbqmo.com. That would definetly seperate you from the S.E. folks. Or you could do an abbriviation like BCBBQMO.com? Don't know if that's available. Anyway it's only 10 bucks or so per year to register a domain name and keeps someone else from taking it. Maybe to protect your domain register bigcreekbbq.net and .biz. Those are the most likely domain extensions that I would pick if I wanted to use your name and .com was already taken.

Hey this is all for chits and giggles anyway. Right?

bruno
03-12-2006, 08:17 PM
Boars Head Mod :twisted:

HoDeDo
03-12-2006, 08:55 PM
Tony Soprano Mod :twisted:

The MIM team shouldnt be getting that bent out of shape. It's BBQ, and the name has to look better on that spicewine, anyway right??

Just offering them a little fresh Kansas PORK. If they fall in the pen, who am I to stop them ;)

BTW - Fat Dad, I need a keyboard, you had me in stitches with the TS Mod. 8-)

FatDad
03-12-2006, 09:19 PM
BTW - Fat Dad, I need a keyboard, you had me in stitches with the TS Mod. 8-)

Trust me on this......
Before opening the Woodpile.....Place paper towels over your keyboard
and have an extra there for you monitor.
Speaking from experience here....:razz:
However this is the Q thread....

HoDeDo
03-12-2006, 09:32 PM
Trust me on this......
Before opening the Woodpile.....Place paper towels over your keyboard
and have an extra there for you monitor.
Speaking from experience here....:razz:
However this is the Q thread....

<has keyboard covered with bar mops...>

Thanks for the tip. Makes the keys a little less reactive to the touch.... but works like a charm :cool:

ThomEmery
03-12-2006, 09:41 PM
Well sure would be easy to be "Jeffs Big Creek BBQ" in the future

spicewine
03-13-2006, 01:06 PM
Maybe they can change theirs to "Big Creep BBQ" :roll:

Just a thought!!

Jeff_in_KC
03-13-2006, 01:22 PM
Maybe they can change theirs to "Big Creep BBQ" :roll:

Just a thought!!

Or Big Greek BBQ (as my mom thought my logo said without her glasses on!) :lol:

Or there's always "Butt Cheek BBQ" but I hear that one's already taken also! :wink: Bet you'd already realized how close "Big Creek" was to that other one you re-named, huh? :lol: