Team obligated to change name- Final Update!!

[FastPitchMom]

lets see,
No Faer
Fear Itself

then you could always go the slam route

Use2B No Fear
Fmr No Fear
Another No Fear
FearThis

[coolstuff]

I work in the marketing field and I have some knowledge of copyright law.

It's a common fallacy that a copyright has to be registered to be in effect. Copyright laws were changed (in the 70s I think) that allowed for copyright protection at the moment of creation. This prevented someone from stealing your idea, image, name, etc., before the copyright was filed and registered. So if you could prove that you have been using the name No Fear before the clothing company No Fear was founded, you could argue that you used the term first, regardless if you filed for copyright. According to their website, the company has been in business for 15 years. Unless you can prove that your team has been using the name No Fear for more than 15 years, I'm afraid you don't have a defense and you'll have to change your team's name.

It's not unusual for a company to go after small businesses and organizations who use their name. When the Olympics came to Atlanta, the US Olympic Committee went after businesses who used the word "Olympic" in their name - Olympic Dry Cleaners, Olympic Trucking, Olympic Roofing, etc.

My real name starts with "Mc" and I've always wanted to start a fast-food restaurant and see if McDonald's would try to sue me.

[Skarp]

You don't profit from using the name, and No Fear Inc. would have difficulty proving any other type of actual damage. So I would say that an injunction against using the name is the worst you would face if they took you to court (which is no worse than what they are asking you to do now). BUT...I believe there may be statutory damages available (and electable in lieu of proving actual damages) for instances of willful trademark infringement.

Since you have been put on notice and requested to desist by the company, any continued use of the name could well be considered willful infringement...unless you can make a colorable argument that you are (or at least reasonably believe that you are) legally entitled to such use. So statutory damages could come into play...and I'm guessing those aren't small.

Bottom line...you can't pee in the tall grass with the big dogs here, so change your name and move on. Win or lose, it's not worth the aggravation.

[Sam]

Re-do it in spanish:

No-O Fear-O

[dittoz]

I'm thinking this is a good time to call every television station in town and see if they're interested in doing a piece on how this big mean group is picking on a bunch of girls. Then, when that doesn't work, call Gloria Allred and get her to defend you as this is clearly a discrimination case against young women. I suspect those nutballs at the ACLU would step up to help too.

Then, be prepared to change your team name...

[NuggDawg]

I work in the marketing field and I have some knowledge of copyright law.

McCoolStuff,

I really liked your contribution.

I ask you these questions, with the assumption that you know the answers: Is the issue here with a trademark or a copyright, or some combination of both? Doesn't copyright deal with the actual artful rendering (or the actual use of words, like in a story), where trademarks deal with names, logos, or phrases used in marketing?

These team name issues show up on the softball boards occasionally, and I'm asking just so we're using the right terms.

[coolstuff]

Re-do it in spanish:

No-O Fear-O

No temo. I do not fear.

[coolstuff]

I ask you these questions, with the assumption that you know the answers: Is the issue here with a trademark or a copyright, or some combination of both? Doesn't copyright deal with the actual artful rendering (or the actual use of words, like in a story), where trademarks deal with names, logos, or phrases used in marketing?

You are right on both counts. Both trademark and copyright laws are closely related under laws governing intellectual property. It is more accurate to call this a trademark dispute.

[txfpcoach]

know fear

[NO FEAR]

Changing my Team name is not a big deal! The problem is all the new uniforms, jackets, practice T's, parents T's we will have to buy all over again!!