What would you do?

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.

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.

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

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:

could always add the state initials after big creek, but would force them first. Did you get a copyright??? Scott

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.

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.

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.

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.

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.

Hey Jeff... some of us dottes might find a pig farm for them to tour if they give ya any grief:twisted:

HoDeDo said:

Hey Jeff... some of us dottes might find a pig farm for them to tour if they give ya any grief:twisted:

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Tony Soprano Mod :twisted:

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 ???

FatDad said:

Tony Soprano Mod :twisted:

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

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.

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.

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?