Chalkie Banned?
We're hoping this isn't true:
- BAD NEWS
We have been contacted by the USOC regarding the sale of Chalkie t-shirts. It has something to do with an Olympic trademark. At first we thought it was a joke but a little investigation found that it could be a legit inquiry. We will be contacting our attorneys-Dewey, Cheatum and Howe for advise.
We will plead our case, but for some reason, we don't think the USOC will give us their blessing.
While you still can, find out how get Chalkie t-shirts and hats by sending an email to
chalkie2016@gmail.com.
Supplies are limited.
They may be collectors items soon.....real soon.
Yes, we see the humor in the "Dewey, Cheatum and Howe" crack. But we don't see where the USOC has a leg to stand on here. The Chalkie website isn't using the Olympic rings, colors or logo. The torch? It's a generic drawing. The entire premise is a parody based entirely on a drawing that was submitted to us via an anonymous e-mail that raises money for a worthy cause.
It seems like an attempt to bully an entrepreneur into shutting down his website or face crippling legal bills to keep it open. We encourage everyone to buy shirts as soon as possible in case the site is forced to go under. We truly hate lawyers who have nothing better to do than undermine the free exercise of the First Amendment. We certainly hope there is a special hell reserved for them.
Visit Chalkie at this link here.
It seems like an attempt to bully an entrepreneur into shutting down his website or face crippling legal bills to keep it open. We encourage everyone to buy shirts as soon as possible in case the site is forced to go under. We truly hate lawyers who have nothing better to do than undermine the free exercise of the First Amendment. We certainly hope there is a special hell reserved for them.
Visit Chalkie at this link here.
Labels: we got nothing
posted by SCC at 12:03 AM
52 Comments:
Chalkie is gonna be HUGE on eBay!
Anything that puts daley in a bad light must be stopped immediately!!!!!!!!!!!!!!!!!!!!! He is our mayor and our leader and we must respect him for that so stop with all this nonsense!!
Now where did I put that damn shine box??
The bigger point here, though, is that they have taken notice. If they know about the shirts, they know about the reasoning behind the shirts. And the death toll climbs daily. Good; the message is getting through.
IOC, not enough police to protect the citizenry on an average day. IOC, do you think the millions who might swarm here for the games will be protected? IOC, how about you just take a pass on Chicago?
Fuck the IOC...a few years ago they made the Improv Olympic on Clark St near the ballpark change their name for the use of the word "olympic". Tell them that Chalkie's really holding a stake in his hand, like the one that only kills werewolves. Maybe it's a golf tee. A railroad tie.
The Olympic committee is only just beginning to flex their muscle. If Chicago is chosen it will be run by a well oiled machine of corrup...oh, never mind.
just tell them its a little guy holding a golf tee.
CHALKIE SAYS, FROM MY COLD DEAD HANDS BITCHES!
You should be fine... it is a characature.... (What's more, it is free speech... it is anti-olympic propaganda, is relevant considering that the city is spending taxpayer $, and is protected speech. If you can burn the american flag, march with bush's likeness hanging from a noose, a chalkie t-shirt should not be a problem. If they sue, that would be GREAT! Think of the press!!!
While I am not a lawyer, there seems to be a certain series of protections afforded those who operate under the auspices of a creating a "parody."
Further more:
Question: When is parody protected from a charge of trademark infringement?Answer: Parody is a usage of a mark that pokes fun at the mark and does not confuse the public as to the source of the usage. In determining whether there is infringement the court balances the public interest in free expression against the public interest in avoiding consumer confusion. "A parody must convey two simultaneous--and contradictory messages; that it is the original, but also that it is not the original and is instead a parody. To the extent that it does only the former but not the latter, it is not only a poor parody but also vulnerable under trademark law, since the consumer will be confused." From Cliffs Notes, Inc. v. Bantam Doubleday Dell Publishing Group, 886 F. 2d 490 (2d Cir. 1989)
btw. I am sure that the Just Say No (00000) t-shirt has a much greater chance, compared to Chalkie, but both should be free to mock our leader and his lunacy under the provision referenced above.
Anyone's ripping Chalkie off, it's Cease Fire.
http://www.ceasefirechicago.org
/pub_ed.shtml
Look at the similar design they use.
Does the IOC know about this?
The International Olympic Committee is the supreme authority of the Olympic Movement
PRESIDENT
Jacques Rogge
ADDRESS
International Olympic Committee
Executive Board
Château de Vidy
1007 Lausanne
Switzerland
TELEPHONE
(41.21) 621 61 11
FAX
(41.21) 621 62 16
In the meantime, the Chalkie shirts move to a word-of-mouth operation. "Oh, we stopped selling them. Don't know who could be doing it now. I guess you'll have to track them down."
I once saw a company with a very common name try to bully another outfit not to use that word. Nothing ever came of it, 15,000 different hits on the web using that word.
One of Daley's little snotboys went crying to the IOC. Of that you can be sure.
Mayor Daley can't gouge "X"s across everything in the middle of the night.
Boy, is he scared.
So where's the beef ?
Did they trademark "CHICAGO 2016" ?
I'M for the Olympics but not under the Da Mayo admin! THESE PEOPLE ARE HACKS! I Just wish I had the GUTS to put my name on this! If the Da Mayo knew / adimistration knew about this they would hunt me down... THEY WOULD NO LONGER PREACH THE LT / SGT CULT OF OBEY OR GET FIRED. IF I WON THE BIG LOTTERY MY NAME WILL APPEAR IF NOT I need to feedmy family and send them to a good school! Da Mayo MUST GO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
If the Chalkie sales go underground, so to speak, controlled by unknown, unseen, unavailable individuals, then what can any Olympic committee do?
One thing we have here in Chicago it is independent t-shirt manufacturers willing to make a buck. They can crank out truckloads of shirts long before any IOC lawyers can catch up.
Just ask the promoters of any rock concert or special event in the city. Knockoffs are always all around.
Go Chalkie 2016!
.
The good news is that this shows the IOC is reading SSC.
Daley got to them,was that before or after he used "our" tax money to pay the usoc idiots off?
Anonymous said...
I'M for the Olympics but not under the Da Mayo admin! THESE PEOPLE ARE HACKS! I Just wish I had the GUTS to put my name on this! If the Da Mayo knew / adimistration knew about this they would hunt me down... THEY WOULD NO LONGER PREACH THE LT / SGT CULT OF OBEY OR GET FIRED. IF I WON THE BIG LOTTERY MY NAME WILL APPEAR IF NOT I need to feedmy family and send them to a good school! Da Mayo MUST GO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
4/28/2009 03:06:00 AM
I agree put on a white shirt lose all respect!
We responded to the USOC this morning and are anxiously waiting for their response.
We do know that they visited our website on 23 April, the same day they sent us the email. So, it's probably a legit inquiry.
As soon as we hear back, we will post their response.
They haven't got a leg to stand on. It's probably, in addition to an attempt to bully an entrepreneur, an attempt to uncover SCC's identity.
I thouht this was a joke when I read it.
I call B.S. Chalkie does not use anything trademarked by the IOC.
And it's true, material that is considered a parody is protected, as its intent is not to confuse, but to make fun of.
Any atty's out there? This topic recently came up regarding something else, but right now I can't remember what.
Stick it out Chalkie--you're safe!
I just attended TARA. I believe that one 911 style attack per year would not be as destructive to our country or our childerns future as the current administration in Washington.
I just received the following from the USOC. Apparently, the words "CHICAGO 2016" are the "intellectual property" of the USOC.
Dear Chalkie,
I appreciate the good work you do and your efforts to honor and support the Hundred Club. Unfortunately, by using the mark CHICAGO 2016, you are creating an unauthorized correlation between your fundraising activities and the Olympic Movement. The USOC has a well established practice of registering trademark sequences that include venue cities and year components. Therefore, the mark CHICAGO 2016 is also covered under our legislation, making your use of that city/year mark unauthorized. The fact that it is being used commercially to raise funds without USOC oversight or permission places your use squarely in violation of our legislation.
I restate my request that you select an alternative mark that does not feature the intellectual property of the USOC.
Respectfully,
I own a "chalkie" tee, this is protected political speech.
Fuck off Shortshanks, fuck off IOC, everybody go fuck off.
U SHOULD FORWARD THE LETTER TO THE MEDIA!!!
W/ A SAMPLE OF THE CHALKIE SHIRT...
SEND 1 TO ZECK MAN EXTRA SMALL FOR HER NOT SO AMPLE BOSSUMS.
You should contact one of the guys at Volokh Conspiracy (or Chicagoyboyz); might get some pro bono advice/help from them.
The same IOC tried to sue The Special Olypmics on the basis that only they can use the name Olympics.
That is also the reason the Gay Olympics are now The Gay Games.
Bullies.
If Daley doesn't like it....
If Obama doesn't like it....
I'm all for it.
2016 toyko go go godzilla
OK, I've had to ask my girl to put on her lawyer hat again for us (which she hates) but here's a good point she makes: The chalkie shirt website DOES say "official mascot of the Olympics" so that slogan must go. However, she further points out that no one can copyright a year - so the 2016 on the shirt stays. Chalkie does not belong to the Olympic committee or the city so Chalkie stays. Just change the website a bit and keep Chalkie rockin'
Who and why is a former Park Ridge alderman named Rax Parker doinf with a city of chicago contract
to print up 2016 games - flyers?
Talk about extending the 41st ward into PR ?
Makes me glad that I bought 10 of Chalkie's shirts back in August of 08. They sure made great birthday and Christmas gifts. Now I have to let the recipients know that they own an original collectors item. However, since we LIVE and WORK in CHICAGO, how can anyone put a trademark on that word with some numbers, that don't necessarily mean anything?
Can we set up a legal defense fund for Chalkie?
Global citizens take notice !!!
The IOC has acknowledged that it has been informed of the security flaws in the City of Chicago's Police Department. Through this site, CPD announcements have been made loud and clear that they cannot function to serve and protect a "global community" in this city under the current systems of mismanagement and lack of leadership.
Chalkie- a mere cartoon symbol of that expression...illustrates the futility to a wide audience.
thus:
a threatening suit.(copyright???)
(1st Ammendment???) as their answer to a valid plea. IOC should be ashamed!
Does this open the door of liablity
in case of injury during the games to the City of Chicago as well as the IOC?
Proceeding with knowledge and intent to ignore the facts, seems like a criminal mindset.
$$$$$ speaks
MURDER CITY !!!!!!!!!!!!!!!!!!!!
We're hoping this isn't true:
BAD NEWS
We have been contacted by the USOC regarding the sale of Chalkie t-shirts. It has something to do with an Olympic trademark.....
___________________________________
If this is true, does this article mean that the IOC have already made a decision on where the Olympic events will take place? You know, since "Chalkie" is of Chicago origin. Did someone let the cat of the bag?
Remember the 1st Amendment!!!
I think the ACLU should step in and defend chalkie
I don't see the trade mark issue. The libs must have contacted them and are again showing how they do not like the 1st ammendment speech.
I say sue!!
An outline of a "person" holding what seems to be a "torch"?
That is NOT and infringement on any copyright.
I would have to say DALEY and Co. is behind it.
FUCK HIM!!!!!!!
Take it to the Supreme Court!!
Does that mean all those T-shirts I got on vacation such as Hawaii 06' etc. were directly approved by the state of Hawaii? Fuck them. Take it from a guy that has been sued more than a dozen times... Nasty letters don't mean shit and neither does the introduction of a lawsuit.
My atty. once sent a return letter siting some bullshit case (in my eyes) that indicated fees incurred from a knowingly frivolous lawsuit are passed back to the petitioner PLUS loss of established revenue.
I say let them file. I'm sure they will, however, I would be willing to bet if the font isn't the same and you're not using the same colors or rings they don't have much to stand on.
Chalkie ain't got shit on Ropey!
Isn't Chaulkie holding a plunger?? I remember that when it hit this blog. They got nothing. Won't matter anyway when we don't get them.
To the makers of the chlakie t shirt! How about having a T shirt made? Chalkie Summer Tour 2009
It can be can be laid out with the Distict and Date that Chalkie made an appearance!
Example
"Chalkie Summer Tour 2009"
April 2...........Englewood
April 10..........Harrison
April 15..........Wentworth
April 18..........Grand Central
April 22..........Rodgers Park
ect!
Note, above dates are just for illustrative purposes, I'm sure by summers end, we will have enough to fill the front and back of a
t shirt!!
Go Chalkie go!
Chalkie is protected by the fair use doctrine of copyright law, the part that covers satire and parody.
You don't have anything to worry about.
Just reply and tell them it's "Cuckoo"!!
Make the rings into squares. We all know how everything is on the square in this town...
"Fuck the IOC...a few years ago they made the Improv Olympic on Clark St near the ballpark change their name for the use of the word "olympic". Tell them that Chalkie's really holding a stake in his hand, like the one that only kills werewolves. Maybe it's a golf tee. A railroad tie."
--4/28/2009 12:27:00 AM
When I first saw the Chalkster I honestly thought that was a gun or hammer or something -- a murder weapon -- that he was holding. This isn't even a "parody" -- it doesn't even vaguely resemble anything the IOC puts out.
I don't think they have a leg to stand on. I've seen lots of threatening letters about this kind of thing followed up by -- nothing.
"So where's the beef ?
"Did they trademark "CHICAGO 2016" ?"
--4/28/2009 01:31:00 AM
Quick! Chalkie team! Copyright "Chalkie" and the design and "Chicago 2016" -- like the condo speculators copyrighted the word "Realtor."
www.copyright.gov
We had a chalkie shirt years ago in area one homicide...no torch....
so just remove the torch from the shirts....we still have the three shirts that we bought....
I'm not a lawyer, but I did spend a night at a Holiday Inn Express...
If the IOC's problem is with shirts saying "Chicago 2016" change that to "Chalkie 2016" and keep everything else the same on the shirt.
That should keep parody protections in play.
Save a size Medium for me and an XL for my son Michael.
We're both looking forward to having one.
I'll have my order commpleted in the next day or two.
Daisy
Why don't you post the cease and desist letter? Pretty weak response SCC, simply cave at the first sign of conflict?
Why don't you post the cease and desist letter? Pretty weak response SCC, simply cave at the first sign of conflict?.
We don't have the letter. We don't run the site. We provided a link so you can read it.
To the makers of the chlakie t shirt! How about having a T shirt made? Chalkie Summer Tour 2009
It can be can be laid out with the Distict and Date that Chalkie made an appearance!
Example
"Chalkie Summer Tour 2009"
April 2...........Englewood
April 10..........Harrison
April 15..........Wentworth
April 18..........Grand Central
April 22..........Rodgers Park
ect!
Note, above dates are just for illustrative purposes, I'm sure by summers end, we will have enough to fill the front and back of a
t shirt!!
Go Chalkie go!
4/28/2009 01:37:00 PM
To take it one step further...when you have one of those especially bloody weekends, you could have "multiple nights"...like when a big act plays 3 shows at a venue.
April 10 Harrison
April 11 Harrison
April 12 Harrison
April 13 Austin
April 14 Austin
April 16 Belmont (Cancelled)
Chalkie cannot be stopped. He is a force of Nature, like the tides or the rising sun. No legal manuvering on the part of Chalkie non-believers will sway him from the course of his appointed rounds.
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