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DW at odds with small Canadian business
I knwo this has nothing to with RG, but boy does it piss me off. I've shopped at this place, and it's a crying shame it's happening:
Memorabilia store in Canada forced to change name: A New Brunswick businessman and long-time racing fan has been forced to change the name of his tiny memorabilia shop under the threat of a lawsuit by NASCAR legend Darrell Waltrip. Randy Nicholson, who has sold NASCAR merchandise in Woodstock since 2001, has been accused of infringing on a trademark that wasn't registered by Waltrip until four years after Nicholson's store was established. Borrowing from a catchphrase issued by the Fox Sports commentator at the start of every race, Nicholson initially called his business Boogity Boogity Racing, and then later changed the name to Boogity Sportswear. On Friday, he received a cease-and-desist letter from an Ontario law firm representing Waltrip, a former Winston Cup champion who says, "Boogity, boogity, boogity, let's go racin', boys" each time the green flag drops. Waltrip registered the catch phrase as a trademark in Canada on Oct. 31, 2005. "My first instinct was that I was going to fight (him), but I don't have the means,'' Nicholson said Tuesday as he stood behind the counter in his store, which also sells hockey, wrestling and ultimate fighting souvenirs. "I am in no position to fight Darrell Waltrip. He has deeper pockets than I do." Nicholson said he registered his business with the federal government in 2001, and paid more than $1,200 to cover the cost of a search that was conducted to ensure the name wasn't being used in Canada by anyone else. At one point, he also operated stores under the Boogity banner in Moncton and Saint John, but he never received a complaint until last week, when a sheriff delivered a letter from MBM, an intellectual property legal group in Ottawa, sent on Waltrip's behalf. "From a trademark point of view, he is infringing Darrell Waltrip's registered Canadian trademark,'' Scott Miller, the head of the litigation group at MBM, said Tuesday. "Taking intellectual property without permission is as reprehensible as taking anything else." Nicholson argues that he has never infringed on Waltrip's rights. He says he has never sold anything that carried Waltrip's trademark, and the few Boogity-related items he sold bore a logo that he developed on his own. Nicholson has until next Tuesday to wipe his shop clean of the word "boogity" and has already taken down his signs. Until he comes up with something better, he will call his business R&B Embroidery, to accentuate the fact that he does printing and embroidery and manufactures vinyl signs. Nicholson said it will cost him between $5,000 and $8,000 to register a new name, put up signs, change his business cards and letterhead, order new cheques, change the way his phone is listed, and set up a new website.
-Jayski.com
What the hell does DW think he's proving by running under a small town (Woodstock has less than 10,00 residents) nascar merch dealer. I have a friend who named his cat DW (because the cat suffers from mental defects). Is he next?
Memorabilia store in Canada forced to change name: A New Brunswick businessman and long-time racing fan has been forced to change the name of his tiny memorabilia shop under the threat of a lawsuit by NASCAR legend Darrell Waltrip. Randy Nicholson, who has sold NASCAR merchandise in Woodstock since 2001, has been accused of infringing on a trademark that wasn't registered by Waltrip until four years after Nicholson's store was established. Borrowing from a catchphrase issued by the Fox Sports commentator at the start of every race, Nicholson initially called his business Boogity Boogity Racing, and then later changed the name to Boogity Sportswear. On Friday, he received a cease-and-desist letter from an Ontario law firm representing Waltrip, a former Winston Cup champion who says, "Boogity, boogity, boogity, let's go racin', boys" each time the green flag drops. Waltrip registered the catch phrase as a trademark in Canada on Oct. 31, 2005. "My first instinct was that I was going to fight (him), but I don't have the means,'' Nicholson said Tuesday as he stood behind the counter in his store, which also sells hockey, wrestling and ultimate fighting souvenirs. "I am in no position to fight Darrell Waltrip. He has deeper pockets than I do." Nicholson said he registered his business with the federal government in 2001, and paid more than $1,200 to cover the cost of a search that was conducted to ensure the name wasn't being used in Canada by anyone else. At one point, he also operated stores under the Boogity banner in Moncton and Saint John, but he never received a complaint until last week, when a sheriff delivered a letter from MBM, an intellectual property legal group in Ottawa, sent on Waltrip's behalf. "From a trademark point of view, he is infringing Darrell Waltrip's registered Canadian trademark,'' Scott Miller, the head of the litigation group at MBM, said Tuesday. "Taking intellectual property without permission is as reprehensible as taking anything else." Nicholson argues that he has never infringed on Waltrip's rights. He says he has never sold anything that carried Waltrip's trademark, and the few Boogity-related items he sold bore a logo that he developed on his own. Nicholson has until next Tuesday to wipe his shop clean of the word "boogity" and has already taken down his signs. Until he comes up with something better, he will call his business R&B Embroidery, to accentuate the fact that he does printing and embroidery and manufactures vinyl signs. Nicholson said it will cost him between $5,000 and $8,000 to register a new name, put up signs, change his business cards and letterhead, order new cheques, change the way his phone is listed, and set up a new website.
-Jayski.com
What the hell does DW think he's proving by running under a small town (Woodstock has less than 10,00 residents) nascar merch dealer. I have a friend who named his cat DW (because the cat suffers from mental defects). Is he next?
Views: 132
Replies to This Discussion
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Permalink Reply by Christy on
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You would think he would be honored, I guess he wants his cut of the $$? Strange
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Permalink Reply by Wheaton56 on
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the guy opened his hop in 2001, and DW only had the trade mark in 2005.....Lame
DW is Canadian?????
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Permalink Reply by Mario on
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This is complete and total horse crap. It is a shame this guy doesn't have the means to fight this...I think he might have a shot at winning this thing.
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Permalink Reply by Shop Goddess on
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Wasn't the phrase 'boogity boogity' used in 'The Streak' song? What is really trademarked? The word itself or the phrase he uses?
The whole story sounds rather strange and rediculous. Why wouldn't this guy be 'grandfathered in' if he had it before it was trademarked?
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Permalink Reply by alan4s on
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He should change the name to "Boogadee" - it's completely different, you know.
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I was actually thinking of a spelling change, too.
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Permalink Reply by kevin dinsmore on
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yup.....i know the store too......$5000 to $8000 for a spelling change tough to swallow for a small business man anywhere.....
Mario's right................. HORSESHIT !!!!!!!!!!!!
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Permalink Reply by Dave-O on
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Really, if it qualifies as intellectual property, it should belong to fox. Doesn't he only use it on their race broadcasts?
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Permalink Reply by Riverside Racer on
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DW and Intellectual property used in the same sentence? I
sn't that close to being an Oxy-Moron?
Between DW's self serving chatter and the "Rodent" cartoons on Fox I'm so over their NASCAR coverage
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Permalink Reply by Coltranefan on
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Personaly I wouldnt care if bogidy (or how ever you say or spell it) was struck from the human venacular for at least a century. Id almost rather have a case of the dry heaves then to ever hear or read it again. But yeah intellectual property, there's a joke or two in there somewhere!
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