Rally for Robby - Speed Energy edition.

TMS is giving Robby crap about promoting Speed Energy at thier track. They towed the show car, and forced RGM to remove all of the Speed Energy from the track - no free samples can be given away. They're citing the tracks Red Bull sponsorship as the reason. More exclusivity bullshyte.

We need to let TMS know that they are alienating fans. They have a twitter account that someone follows, so let's blast them. If you have a twitter account, use it, if you don't, go sign up for one.

Send tweets to @TXMotorSpeedway expressing your displeasure. Mention @RobbyGordon and @SpeedEnergy and include the hashtag #RallyForRobby.

Let's do this!

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Replies to This Discussion

Permalink Reply by Sherri Fryer on April 15, 2011 at 3:43pm
Yes it has, but that doesn't mean I agree with those who think it's true.
Permalink Reply by Karen on April 13, 2011 at 7:23pm
the big difference between the 'corporate' sponsors cited by TMS and Speed Energy is that (I assume) Speed Energy is a 'small business'. Legally they meet the definition, I think. Would this make a difference?
Permalink Reply by Karen on April 13, 2011 at 7:56pm
anyone know what this means? Is this because the new "s" hasn't been submitted?

On Thursday, June 10, 2010, a U.S. federal trademark registration was filed for SPEED ENERGY. This trademark is owned by Speed Energy Drink, LLC, Charlotte, NC 28269. The USPTO has given the SPEED ENERGY trademark serial number of 85060108. The current federal status of this trademark filing is OPPOSITION PENDING.

On Wednesday, March 23, 2011, status on the SPEED ENERGY trademark changed to OPPOSITION PENDING.
Permalink Reply by Mike Kuver on April 13, 2011 at 8:19pm
I believe this goes back to last year when the bicycle company came forth saying the original logo was a copy of their logo. Robby was forced to go through several gyrations on the logo to get the current "s" we see now and the case was settled.

Being a graphic designer among other things, I could clearly see that there was a clear difference between the original "s" and the one of the bicycle company but the judge didn't see it that way and ruled against Robby.
Permalink Reply by Kevin Meyer on April 13, 2011 at 8:31pm
I wonder if they are referring to the old logo as I'm not sure what the opposition would be to the new Community Trade Mark?

In regards to the original Speed Energy logo and how it arrived at the Opposition Pending Status the initial application for a Community Trade Mark had been accepted and was examined under absolute grounds, and did not encounter any problems and then was published in Part A of the Community Trade Mark bulletin.

After publication in the Bulletin, the Community Trade Mark application was opposed on the basis of any of the rights foreseen in Article 8 of the Community Trade Mark Regulation, such as an earlier National right, an earlier International right, an earlier Community Trade Mark, etc. (Specialized Bicycles)

So.. if this is referring to the earlier logo that Specialized Bicycle opposed then the Trade Mark Status would remain Opposition Pending until a mutual agreement could be reached between parties. It was agreed that the earlier logo would not be used.. but until the Community Trade Mark is rejected by the examination division it will remain as a Opposition Pending status. These things take time of course.. lots of Red tape. However, if what you found Karen is in reference to the new logo which would have had to be submitted through the same Community Trade Mark process and regulations and again has arrived at the Opposition Pending point they may have a real problem.

Long-winded legal jargon for which I apologize but hopefully this clarifies things a little.
Permalink Reply by Karen on April 13, 2011 at 9:28pm
thanks, great info!!!

Look below - one is for the S and the other for the name

http://www.trademarkia.com/s-85054411.html -- for the "S"
http://www.trademarkia.com/speed-energy-85060108.html -- for "Speed Energy"
Permalink Reply by alan4s on April 13, 2011 at 9:45pm
So the "S" logo, since it's been changed, is no longer challenged. But last month somone challenged the name "Speed Energy" as a trademark. I wonder who?
Permalink Reply by Kevin Meyer on April 13, 2011 at 10:32pm

These guys perhaps???
Permalink Reply by Karen on April 13, 2011 at 10:53pm
http://absolutregis.xooit.com/t179-The-official-I-m-drinking-right-...

3 other Speed Energies - but look a lot different. While traveling last week - saw lots of new energy drinks - one was Fuel and another called Octane (also in the 12 oz cans) but none of our favorite.. Anyway, hope all will turn out well.
Permalink Reply by JerseyJeff on April 14, 2011 at 3:17pm
a bunch of us found that, when the SPEED ENERGY thing first came out.
Permalink Reply by JerseyJeff on April 14, 2011 at 3:16pm
If I am not mistaken, someone can challenge the trademark, and you can be denied a TM but you can still use the name or mark. You just cannot use it exclusively or stop anyone else from using it.

I am not a lawyer but I had some mass media law classes in college, many years ago.
Permalink Reply by BAD on April 14, 2011 at 12:05am
The whole SPEED Energy and show car getting towed etc makes for some very interesting stuff. EG at TMS came out and gave a statement about what happened but neither Mr TOG or RGM have said anything...What do we make of it? When have we seen Mr TOG so quiet?

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