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Competition BBQ *On Topic Only* Discussion regarding all aspects of Competition BBQ. Experiences competing or visiting, questions, getting started, Equipment, announcements of events, Results, Reviews, Planning, etc. Questions here will be responded to with competition BBQ in mind.


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Unread 03-11-2006, 12:04 AM   #1
Jeff_in_KC
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Default What would you do?

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! )

So, has anything like this ever happened to anyone else? Thoughts?
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Unread 03-11-2006, 12:23 AM   #2
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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.
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Unread 03-11-2006, 12:29 AM   #3
Jeff_in_KC
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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.
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Unread 03-11-2006, 01:03 AM   #4
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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.
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Unread 03-11-2006, 07:09 AM   #5
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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!!!!!
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Unread 03-11-2006, 07:09 AM   #6
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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
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Unread 03-11-2006, 07:47 AM   #7
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could always add the state initials after big creek, but would force them first. Did you get a copyright??? Scott
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Unread 03-11-2006, 08:16 AM   #8
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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.
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Unread 03-11-2006, 09:09 AM   #9
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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.
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Unread 03-11-2006, 09:46 AM   #10
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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.
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Unread 03-11-2006, 11:40 AM   #11
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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.
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Unread 03-11-2006, 01:44 PM   #12
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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.
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Unread 03-11-2006, 04:34 PM   #13
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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.
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Unread 03-11-2006, 08:00 PM   #14
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Hey Jeff... some of us dottes might find a pig farm for them to tour if they give ya any grief
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Unread 03-11-2006, 08:25 PM   #15
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Quote:
Originally Posted by HoDeDo
Hey Jeff... some of us dottes might find a pig farm for them to tour if they give ya any grief
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