Whalers Trademark: Who Owns The Rights?

22 10 2009

Hartford_WhalersWith the introduction of retro Hartford Whalers jerseys to the market, questions concerning the rights to the mark “Hartford Whalers” abound.

The prevailing thought appears to be that the City of Hartford or State of Connecticut owned the trademark rights to “Hartford Whalers” but let the registration expire this summer.  There is confusion over whether the rights are now owned by the NHL or the former owner of the Whalers and current owner of the Carolina Hurricanes, Peter Karmanos.  In the absence of any concrete information as the ownership of the Whalers trademark rights, allow me to speculate:

First, there are at least two sets of rights.  The City of Hartford likely has the exclusive right to use the name “Hartford Whalers” in connection with a NHL team.  This right is likely the product of a contractual agreement between the NHL and the City entered into when the Whale moved to Carolina.  These rights have nothing to do with a trademark.  Rather, these rights prevent the NHL from using the Whalers nickname in connection with another franchise.  A similar example might be the Cleveland Browns franchise, which moved to Baltimore in 1996 but left behind the team name, history and records to the City of Cleveland.  I don’t believe that any such agreement would include exclusive rights to license Hartford Whalers merchandise.  Those rights likely belong to the NHL.

Second, we have the trademark rights.  Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.  Trademarks can be renewed forever as long as they are being used in commerce.  As I wrote yesterday, the last activity in connection with the mark “Hartford Whalers” was a cancelled application back in 2001.  Thus, according to the US Patent & Trademark Office, the mark had not been registered in some time.

The fact that the mark was not registered does not necessarily mean that no one owns a right to the Hartford Whalers mark.  The NHL, or other entities, may own common law rights, arising from the use of the mark.  Federal registration is not a prerequisite to establishing rights in a trade mark.

The answer to who owns the rights to market the Hartford Whalers name is not entirely clear.  What is clear to me, is that there is significant interest in this issue and in the Whalers.

This entry is cross-posted on Connecticut Sports LawTo read more on the Hartford Whalers, click here.

-Dan Fitzgerald





Tips to Score VC Funds

21 10 2009

A recent article on Entrepreneur lists 7 important factors that VC’s are considering in investing in companies in this tight VC market.  Nothing really groundbreaking there, but it’s important for start-ups to realize, as expressed by John Elton of iNovia capital, that:

Remember that VC dollars are very expensive and come with very high expectations of growth and outcomes

- Gregg J. Lallier





$4MM of CT Stimulus Funds for Solar Water Heating

16 10 2009

On October 14, 2009, Governor Rell announced that Connecticut has allocated $4 million of Federal Stimulus funds to support installations of 600 residential and about 120 non-residential solar water heating systems (see press release).  The “ Solar Thermal Initiative Program” will be administered by the Connecticut Clean Energy Fund

-Gregg J. Lallier





Innovation and Obama

3 10 2009

For those who are looking for President Obama to provide some leadership in the innovative spirit of the U.S., check out his recent speech that he made on September 21 at Hudson Valley Community College in Troy, NY.  Some encouraging quotes:

So as we emerge from this current economic crisis, our great challenge will be to ensure that we don’t just drift into the future, accepting less for our children, accepting less for America.  We have to choose instead what past generations have done:  to shape a brighter future through hard work and innovation.  That’s how we’ll not only recover, but that’s how we’ll also build stronger than before:  strong enough to compete in the global economy; strong enough to avoid the cycles of boom and bust that have wreaked so much havoc; strong enough to create and support the jobs of the future in the industries of the future.

My budget finally makes the research and experimentation tax credit permanent.  This is a tax credit that helps companies afford the often high costs of developing new ideas, new technologies, new products — which means new jobs.  And this tax incentive returns two dollars to the economy for every one dollar we spend.  Time and again, I’ve heard from leaders — from Silicon Valley to the Tech Valley — about how important it is.  I’ve also proposed reducing to zero the capital gains tax for investments in small or startup businesses, because small businesses are innovative businesses; they produce 13 times more patents per employee than large companies do. 

Now, these tax incentives will spur entrepreneurship.  But there are other important steps to foster markets that value and promote risk-takers and idea-makers who’ve always been the center of our success.  That’s why it’s essential that we enforce trade laws and work with our trading partners to open up markets abroad; that we reform and strengthen our intellectual property system; that we sustain our advantage as a place that draws and welcomes the brightest minds from all over the world; and that we unlock sources of credit and capital which have been in short supply as a result of the financial crisis.

It remains to be seen if the President can make good on his call to action, but, as has been the theme of President Obama’s administration, there seems to be a good reason to “hope”.

A nice analysisof the speech by a McCain supporter can be found at IPWatchdog.

-Gregg J. Lallier

 





Understanding Patent Representation

3 10 2009

A great blog entry over at IPWatchdog entitled Rules for Working With a Patent Attorney gives a nice summary of what to expect (and not to expect) when inventors/entrepreneurs/start-ups go searching for patent counsel.  In my experience, people oftentimes overestimate the services provided and underestimate the costs associated with such services.  Thus, it’s important to do one’s homework as to what’s entailed so an informed decision can be made.

-Gregg J. Lallier





Google Ventures True to its Word with NE Focus

3 10 2009

As we mentioned back in April, Google Ventures had indicated that it saw the New England region as promisoring territory for its VC investment.  So far, they have proved true to their word with a recent investment in EnglishCentral Inc., an early-stage Boston-area startup (MassTech article here) as well as Series D investment in Adimab Inc., an antibody discovery startup in Lebanon, NH (MassTech article here).

Hopefully, this trends continues, and we see Google Ventures investment in CT-based company.

-Gregg J. Lallier





Tech Trends

2 10 2009

To help you keep up with tech trends (from the perspective of a tech-solutions provider), you should check out the Web 3.0 blog run by Independent Software.  The company is located in New Haven, CT and, according to their LinkedIn Company profile:

Using deep SaaS experience and proprietary models and tools, we help entrepreneurs and small businesses develop new products faster and more efficiently.

Web 3.0 features some great stuff, including a recent article on Google wave, which has just been opened up to developers.  It also has posts regarding local CT news and items.

- Gregg J. Lallier








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