The Shop412 Controversy

[mike412]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

 

[4upmc]

Agree with you Pitt should have ignored these clowns. Yes a clear attempt by shop412 to generate publicity...but the people have spoke and the attempt has backfired. Just look at the tweets after they responded to Hamlin. Probably 98% negative tweets against them. Lots of people saying shop412 has lost or will not get their business.

 

[RaleighPittFan]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

What I've read is that Shop412 trademarked the plain text 412 in addition to their stylized version.

I didn't sleep in a Holiday Inn Express last night, so I'll leave it to you.

 

[Jakey_John]

They should sue the phone company.

 

[DruidTM]

Or just sue the actual phones themselves every time “412” shows up on caller ID...

That will keep them busy ...”sue you ..sue everybody “ ... ah the jerky boys

 

[King Of All Message Boards]

Or just sue the actual phones themselves every time “412” shows up on caller ID...

That will keep them busy ...”sue you ..sue everybody “ ... ah the jerky boys

I was hurt at work today....

 

[TJFAIRLIE]

@mike412

Their registration lists “412” as the wordmark. Isn’t that also then protected in addition to the device with the star?

 

[PosterToBeNamedLater]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

As someone who practiced I’m surprised you don’t know about Pitts policy to avoid any remote possibility that litigation could arise and thus is treated as a punching bag with borderline frivolous claims

 

[HOF Coach]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

Wait until Shop412 sees that you have "412" in your username on Panther-lair, mike412! Oh my!

 

[HOF Coach]

Mike...check this out and comment, please:

 

[mike412]

They can file anything they want with the State. They can claim the exclusive right to use “Merry Christmas” on greeting cards. Enforcing it? No chance. Pittsburgh Clothing has t-shirts with “15213” on them. I’m pretty sure they aren’t living in dread of a cease and desist letter from the Post Office.

They apparently don’t even try to enforce it in clothing, except for their unique logo. I counted more than 20 versions of “412” t-shirts, hoodies, etc. available on Amazon. Only two of them are their manufacture, both with their logo.

By the way. This thread is on Google. Maybe this is our 15 minutes of fame

 

[CJsE]

Sadly I can’t imagine that Pitt could win this fight. Despite geographical regions being protected from trademark, area codes aren’t included. Budweiser owned 412, and a dozen other metro area codes, for a few years from 2011-2014 before they allowed it to lapse due to pushback.

 

[RaleighPittFan]

Regardless of the legality, it's a dumb business decision for shop412 to upset it's potential customer base. I would never buy from them because of this, and it appears there are lots of others who have made the same decision.

Small businesses thrive and fail every day because of individual decisions. It wouldn't surprise me to see this as one of those fait altering decisions for this company.

 

[ratking17]

I swear the pirates did a shirt with 412 on it. I wonder if they had to get the shirts from that company.

Actually I see this more as an issue with Nike. Shouldn't Nike have known about this and secured the rights?

 

[Saboteur]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

I practice inside and I think Pitt withdrew for PR purposes because I agree with you, this is nowhere near infringement. Pitt fighting them would turn into a Goliath v David episode, given 412 national pub.
From a business perspective, it was the right move. 412 lead with their chin and Pitt could have broken 412s jaw. My hunch is Pitt took the high road.
412 will adorn our lids again. Hell, for recruiting purposes I'll put Florida area codes on for good measure.

 

[paulbl99]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

Mike 412
Were You part of the complaint?

Perhaps you should hire an attorney.....you know the old saying........l

 

[HailtoPitt]

Pitt is tone deaf here. They won't be seen as the Goliath. Most people can see that this is stupid

 

[CaptainMurphy]

Pitt is tone deaf here. They won't be seen as the Goliath. Most people can see that this is stupid

Yeah this is a patent troll overstepping their bounds, not David vs Goliath. They've probably been waiting for such an incident for a long time. No reason to reward them. Dare them to take up a legal fight that would severely damage their business.

 

[Jakey_John]

I swear the pirates did a shirt with 412 on it. I wonder if they had to get the shirts from that company.

Actually I see this more as an issue with Nike. Shouldn't Nike have known about this and secured the rights?

I think I heard something along the line of the company providing the shirts to the Pirates as a means of advertising.

 

[oldpantherfan]

I actually looked up the trademark Shop412 was issued. It is not for the use of “412” on clothing; it only covers the use of a very stylized version of “412” in which the vertical line at the bottom of the “4” is replaced by a 4-sided Star. Pitt’s use of “412” on the helmets is not an infringement.

I don’t know what Pitt’s lawyers could be thinking. This was a clear attempt by Shop412 to generate publicity. As a now-retired attorney who practiced for 37 years, my advice to Pitt would have been to ignore their claim, keep the numbers on the helmets, and avoid giving them the publicity they clearly sought.

Mike i agree with everything you said except wouldn't Pitt give them more publicity by ignoring them?
And that is a stupid move on their part. Shouldn't they just have a private conversation with Pitt and Nike to join together, meanwhile market shirts in Pitt colors (just no logos but theirs-412).cheaper than Nike, more sales no bad publicity for anybody.

 

[McKee Place]

The wildcard here might be that Pitt is polarizing regionally. If this company crossed the Steelers, Penguins, even the Nits, there would be a majority that would be hostile toward them. The media would be compliant in coming down on the company too. The media would happily expose any legal errors in their claim.

With Pitt, there is a contingent like us that are loyal and positive towards Pitt. But a majority that is hostile, or at best indifferent. Pretty much any body except Pitt alum and families probably dislike Pitt. The big numbers of PSU, WVU, ND, OSU, and all the junky small schools, all of their affiliates dislike Pitt. Our sports are mediocre so no groundswell of the popular ity from those. And remember the city has manipulated the media to make Pitt, the university, a scapegoat for its corruption and awful management.

Pitt therefore has to take this into account in these kind of situations.

 

[HOF Coach]

The wildcard here might be that Pitt is polarizing regionally. If this company crossed the Steelers, Penguins, even the Nits, there would be a majority that would be hostile toward them. The media would be compliant in coming down on the company too. The media would happily expose any legal errors in their claim.

With Pitt, there is a contingent like us that are loyal and positive towards Pitt. But a majority that is hostile, or at best indifferent. Pretty much any body except Pitt alum and families probably dislike Pitt. The big numbers of PSU, WVU, ND, OSU, and all the junky small schools, all of their affiliates dislike Pitt. Our sports are mediocre so no groundswell of the popular ity from those. And remember the city has manipulated the media to make Pitt, the university, a scapegoat for its corruption and awful management.

Pitt therefore has to take this into account in these kind of situations.

 

[McKee Place]

By all means, please try to refute.

 

[FireballZ]

The wildcard here might be that Pitt is polarizing regionally. If this company crossed the Steelers, Penguins, even the Nits, there would be a majority that would be hostile toward them. The media would be compliant in coming down on the company too. The media would happily expose any legal errors in their claim.

With Pitt, there is a contingent like us that are loyal and positive towards Pitt. But a majority that is hostile, or at best indifferent. Pretty much any body except Pitt alum and families probably dislike Pitt. The big numbers of PSU, WVU, ND, OSU, and all the junky small schools, all of their affiliates dislike Pitt. Our sports are mediocre so no groundswell of the popular ity from those. And remember the city has manipulated the media to make Pitt, the university, a scapegoat for its corruption and awful management.

Pitt therefore has to take this into account in these kind of situations.

You’re loyal and positive towards Pitt? LOL. Heaven help us all.

 

[McKee Place]

You’re loyal and positive towards Pitt? LOL. Heaven help us all.

I bask in my internet victory over you, too.

 

[pittiswhereiamfrom2]

Seems anything can be trademarked.

 

[PittPat3]

The wildcard here might be that Pitt is polarizing regionally. If this company crossed the Steelers, Penguins, even the Nits, there would be a majority that would be hostile toward them. The media would be compliant in coming down on the company too. The media would happily expose any legal errors in their claim.

With Pitt, there is a contingent like us that are loyal and positive towards Pitt. But a majority that is hostile, or at best indifferent. Pretty much any body except Pitt alum and families probably dislike Pitt. The big numbers of PSU, WVU, ND, OSU, and all the junky small schools, all of their affiliates dislike Pitt. Our sports are mediocre so no groundswell of the popular ity from those. And remember the city has manipulated the media to make Pitt, the university, a scapegoat for its corruption and awful management.

Pitt therefore has to take this into account in these kind of situations.

Maybe you're right. I know there are jagoffs who think like that, but I never thought very many did. Imho, anyone who lives in the Pittsburgh MSA who knocks Pitt is a fool. If it weren't for Pitt and the other universities in town, Pittsburgh would have become a ghost town when the mills closed.

And get off my lawn!

 

[Sean Miller Fan]

Dumb question but can I trademark "Pittsburgh" or "Allegheny County." I dont understand how you could trademark a number.

Another stupid question, at some of these prospect camps, 3 digit numbers are assigned. Would a player be unable to wear #412?

 

[BuffetParrothead]

There are companies who trademark lots of things that are likely to be used and monitor the trademarks to see if they're used.
If they're used they attempt to sell the trademark to the person or organization or attempt to collect damages.

 

[HOF Coach]

There are companies who trademark lots of things that are likely to be used and monitor the trademarks to see if they're used.
If they're used they attempt to sell the trademark to the person or organization or attempt to collect damages.

I just trademarked "Swervin27" and "Zeldas Open Roof".

 

[pittdan77]

I understand the purpose of a trademark and I understand the brand. No idea how Shop412 could prove Pitt was improperly using their identity. The area code as a symbol of where you're from isn't exactly a new concept. For the older guys, it's called "Area Code DNA" and it means you can find out where anyone is from by the area code of their cell phone number.

 

[TJFAIRLIE]

Dumb question but can I trademark "Pittsburgh" or "Allegheny County." I dont understand how you could trademark a number.

Another stupid question, at some of these prospect camps, 3 digit numbers are assigned. Would a player be unable to wear #412?

It’s their company name. I also believe what you’re using it for is considered. It doesn’t prevent all use of the word/number. Shop 412 just happens to sell athletic apparel.

You can trademark a number just like you can trademark any common word (Amazon, Apple, etc)

 

[jtownknowitall]

By all means, please try to refute.

Your lunacy has been missed

 

[Sean Miller Fan]

It’s their company name. I also believe what you’re using it for is considered. It doesn’t prevent all use of the word/number. Shop 412 just happens to sell athletic apparel.

You can trademark a number just like you can trademark any common word (Amazon, Apple, etc)

When I was at the Pitt/Miami game, their team store vendors were selling shirts that read "Dade County" and also ones with whatever area code they are. So you are telling me that if I started Allegheny County Clothing Company and TM'd "Allegheny County" and Pitt put some type of Allegheny County moniker on their uniform, that would be an infringement?

 

[CJsE]

When I was at the Pitt/Miami game, their team store vendors were selling shirts that read "Dade County" and also ones with whatever area code they are. So you are telling me that if I started Allegheny County Clothing Company and TM'd "Allegheny County" and Pitt put some type of Allegheny County moniker on their uniform, that would be an infringement?

First you'd have to hope you aren't contacted by Allegheny Apparel over their trademark on short and long-sleeved shirts. Then, If it could be argued that the general public could be confused by Pitt's branding, then yes it could be an infringement. Just like if you tried making a a drink and labeling it Arizona, or basketball shorts with Kentucky on them.

 

[HOF Coach]

By all means, please try to refute.

https://pittsburgh.forums.rivals.co...-off-helmet-visors.149474/page-3#post-2665262

 

[DruidTM]

The wildcard here might be that Pitt is polarizing regionally. If this company crossed the Steelers, Penguins, even the Nits, there would be a majority that would be hostile toward them. The media would be compliant in coming down on the company too. The media would happily expose any legal errors in their claim.

With Pitt, there is a contingent like us that are loyal and positive towards Pitt. But a majority that is hostile, or at best indifferent. Pretty much any body except Pitt alum and families probably dislike Pitt. The big numbers of PSU, WVU, ND, OSU, and all the junky small schools, all of their affiliates dislike Pitt. Our sports are mediocre so no groundswell of the popular ity from those. And remember the city has manipulated the media to make Pitt, the university, a scapegoat for its corruption and awful management.

Pitt therefore has to take this into account in these kind of situations.

Good lord....

You call yourself a Pitt fan ?!?!

Seek help man.

 

[Saboteur]

Good lord....

You call yourself a Pitt fan ?!?!

Seek help man.

Ignore him. The insane always think everyone else is nuts.

 

[Panther Holla]

The wildcard here might be that Pitt is polarizing regionally. If this company crossed the Steelers, Penguins, even the Nits, there would be a majority that would be hostile toward them. The media would be compliant in coming down on the company too. The media would happily expose any legal errors in their claim.

With Pitt, there is a contingent like us that are loyal and positive towards Pitt. But a majority that is hostile, or at best indifferent. Pretty much any body except Pitt alum and families probably dislike Pitt. The big numbers of PSU, WVU, ND, OSU, and all the junky small schools, all of their affiliates dislike Pitt. Our sports are mediocre so no groundswell of the popular ity from those. And remember the city has manipulated the media to make Pitt, the university, a scapegoat for its corruption and awful management.

Pitt therefore has to take this into account in these kind of situations.

This junky small school graduate (CMU) lives and dies with Pitt. In my experience, most people with no direct ties to WVU, the Pedds or Duquesne are inclined to root for the Panthers, at least if Pitt is doing well.

 

[Saboteur]

This junky small school graduate (CMU) lives and dies with Pitt. In my experience, most people with no direct ties to WVU, the Pedds or Duquesne are inclined to root for the Panthers, at least if Pitt is doing well.

Right. I am an OSU grad. More Pitt fan than OSU.