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AudSabres
PostPosted: Wed May 18, 2011 3:57 pm 
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Not sure if this is old news or what, but I figured why not?

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MONTREAL — A franchisee of a Lebanese restaurant chain has been hit with a massive fine by the National Hockey League for trying to drum up some team spirit for the hometown Montreal Canadiens.

And Fadl Issa says he's not paying it.

The owner of the Basha restaurant on Drummond and Ste-Catherine – just a few blocks from the Bell Centre – decided on the urging of his children top put up a large banner on the outside wall of his restaurant to show support for the team in December.

The banner showed a man wearing a Canadiens jersey and slicing shawarma with a sword. Underneath the cartoon-like caricature was a large "Go Habs Go" message.

Issa quickly received a letter from an NHL lawyer telling him he was violating league copyrights and to remove the banner. At first, he simply painted over the Canadiens logo on the shawarma slicer's jersey, but another letter quickly followed in January telling Issa that "Go Habs Go" also represents a trademark.



http://montreal.ctv.ca/servlet/an/local ... ntrealHome

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Stuuuuuuu
PostPosted: Wed May 18, 2011 3:59 pm 
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Yum...Basha's.
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TheBlackDahliaMurder
PostPosted: Wed May 18, 2011 4:13 pm 
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I'd fine anyone showing Habs spirit as well.

In all seriousness, how is this any different from a homeowner putting a team flag outside his/her house?

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Squanto
PostPosted: Wed May 18, 2011 4:16 pm 
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TheBlackDahliaMurder wrote:
I'd fine anyone showing Habs spirit as well.

In all seriousness, how is this any different from a homeowner putting a team flag outside his/her house?


The homeowner isn't trying to generate profit from the use of the marks. The business owner is.
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CriminallyVu1gar
PostPosted: Wed May 18, 2011 4:17 pm 
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TheBlackDahliaMurder wrote:
I'd fine anyone showing Habs spirit as well.

In all seriousness, how is this any different from a homeowner putting a team flag outside his/her house?


Because you don't make money with your house.

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TheBlackDahliaMurder
PostPosted: Wed May 18, 2011 4:35 pm 
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Squanto wrote:
TheBlackDahliaMurder wrote:
I'd fine anyone showing Habs spirit as well.

In all seriousness, how is this any different from a homeowner putting a team flag outside his/her house?


The homeowner isn't trying to generate profit from the use of the marks. The business owner is.


Yea, I guess I never really thought that through.

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Squanto
PostPosted: Wed May 18, 2011 4:48 pm 
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That's the general way these play out.

If you're trying to profit, that means you're making money, and someone will come after you for that money.
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BlueandYellow
PostPosted: Wed May 18, 2011 4:50 pm 
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I still think it's pretty damn stupid to fine him that much just for putting up a flag.

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CriminallyVu1gar
PostPosted: Wed May 18, 2011 4:53 pm 
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Yeah, I wonder how they came up with that figure.

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Squanto
PostPosted: Wed May 18, 2011 5:05 pm 
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BlueandYellow wrote:
I still think it's pretty damn stupid to fine him that much just for putting up a flag.


It wasn't a flag. It was a massive banner hanging on the side of a building.
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Stuuuuuuu
PostPosted: Wed May 18, 2011 5:20 pm 
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Be interesting to know if the NHL would have reacted the same way if the guy had used the team name (or the Habs nickname), but not the logo.

Legally, it does seem like a bit of a slippery slope. I mean, I don't think the NFL fines bars for having drink specials during Monday Night Football, but is that really so different from this case? Bars in Portland frequently have signs that say "watch all NBA games here", and "Go Blazers". If they're generating revenue through showing the games, what's the distinction? Maybe they earn that right by paying commercial rates for NFL Sunday Ticket or something?

Seems to set a precedent that could open up a can of worms.
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sabresindc
PostPosted: Wed May 18, 2011 5:38 pm 
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Stuuuuuuu wrote:
Be interesting to know if the NHL would have reacted the same way if the guy had used the team name (or the Habs nickname), but not the logo.

Legally, it does seem like a bit of a slippery slope. I mean, I don't think the NFL fines bars for having drink specials during Monday Night Football, but is that really so different from this case? Bars in Portland frequently have signs that say "watch all NBA games here", and "Go Blazers". If they're generating revenue through showing the games, what's the distinction? Maybe they earn that right by paying commercial rates for NFL Sunday Ticket or something?

Seems to set a precedent that could open up a can of worms.

True, it's even done with NHL. I wonder if any other business has ever been fined like this before?????

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ironyisadeadscene
PostPosted: Wed May 18, 2011 5:47 pm 
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alot of bars here advertise "15 cent wings during all wings games"... i dunno.

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mechaphil
PostPosted: Wed May 18, 2011 5:50 pm 
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Yes, if a business is using an NHL team's image or name to drum up business, they should be fined. But the banner on the side of his building didn't imply any sort of exclusive deals for customers, etc etc. The whole thing is stupid.

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PatGreen
PostPosted: Wed May 18, 2011 5:53 pm 
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i don't think the NHL can fine anyone that isn't part of the NHL. sue, yes.

and i don't think they'd win a case over a small business that exceeded a reasonable amount. i.e. a couple week's profits.
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Stuuuuuuu
PostPosted: Wed May 18, 2011 5:57 pm 
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Definitely stupid. That's a solid, affordable restaurant that serves many people from the less affluent parts of Montreal's population, and serves people of different ethnic backgrounds. I would imagine the owner is pretty hard-working, and not swimming in money. Frankly, I would think the Habs would be happy to have the support and attention of different parts of the community other than the typical white anglo and French-Canadian crowd.
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NYIntensity
PostPosted: Wed May 18, 2011 6:03 pm 
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He should change it to "Go local professional hockey team go!"

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PatGreen
PostPosted: Wed May 18, 2011 7:06 pm 
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NYIntensity wrote:
He should change it to "Go local professional hockey team go!"

best trolling idea ever.
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AudSabres
PostPosted: Wed May 18, 2011 7:09 pm 
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NYIntensity wrote:
He should change it to "Go local professional hockey team go!"


:lol:

Also, what Phil said…

I'd only see this being an issue if he was promoting his products by way of using the Habs or the NHL without proper consent. If that were the case then go ahead and sue the pants off the guy.

However, I'm not really up to speed on legalities and the involvement of trademarks or the use of a registered logo being used by another party not affiliated with the entities involved (The Habs & NHL) :?.

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fly as hale
PostPosted: Thu May 19, 2011 4:58 pm 
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I'm pretty sure every restaurant/bar in a city that has a professional sports franchise uses it to gain some sort of revenue through drink or food specials during games. How many "Let's Go Buffalo!", "Let's Go Sabres!", or "Let's Go Bills!" signs will you find scattered all over businesses in WNY on a daily basis? Practically every bar I go to has some sort of special during Bills and Sabres games.

Is that banner really keeping the NHL from making any sort of profit? I mean, if anything they are getting free advertising out of this guy.

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