Hey BP... what's up with this?

[fsmith]

Hey BP,
Kim and I were shopping for snowboards for the kids for Christmas and ran across these...

5150 Snowboards. The "Shifter" was the one that caught my eye. The eagle and headstock logo just jumped out at me. I told Kim, that's the one I want...

 

[CudBucket]

Wow. Can they do that? Legally, I mean.

 

[Big Poppa]

Wonderdog?

 

[Beth]

geez, if you're gonna rip off intellectual property, it would be nice if it was done in something other than a crayon...

 

[GHWelles]

The company name is 5150 Snowboards. Looks like they are big EVH and EBMM fans.

5150 Snowboards has a Federally Registered Trademark for use of the name
"5150 Snowboards" on snowboards, and on clothing not to be sold at music events or through music stores or catalogs. This means no one else can make snowboards and clothes with the "5150 Snowboards" name on them, but it also means they should not be involved in selling these items through the music retail business channels to music business customers.

While the snowboard company can use "5150 Snowboards" as a trademark, they can't use that as an excuse to ride on the coatails of established companies with famous images and trademarks, like EBMM.

5150 Snowboards have copied EBMM iconic common law trademark images and put them on this "Shifter" Snowboard. The design has an Eagle [like EB String packages, and like a lot of the clothing and other EBMM products]. The design uses the EBMM 4 + 2 headstock repeatedly. Also it is clear this is a music oriented use of the graphic, with the amp, guitars, and microphones. In addition, the 5150 on the amp does not say "5150 Snowboards", but only 5150.

The only reason 5150 Snowboards would use all these iconic and famous images of EBMM and EVH is to try and sell the product to EBMM customers, or people familiar with EBMM, and/or people that are fans of EVH from his EBMM days, as well as general music fans.

It looks to me like this is a trademark dilution/unfair competition problem. You have famous trademarks and reputations (EBMM and EVH) being traded upon by 5150 Snowboards, to try and sell a Snowboard to music fans. This might lead the public to believe there is a licensing or endorsement deal in place, and that EBMM and EVH endorse this snowboard company.

EBMM appears to have a good trademark/unfair competition claim against 5150 Snowboards on this particular graphic. The Snowboard company should stop using this design unless they license it.

Also of interest:

Eddie Van Halen's Company has trademarked 5150 for guitar amps and clothing. EVH has recently (August) filed for trademark for 5150 for guitar picks, strings; straps. 5150 III for guitar amps; 5150 II for clothing and records, CD's, etc.

Because the graphic on the "Shifter" Skateboard has a 5150 on top of an amp (without the word "snowboard" attached) and is presented in a music setting, EVH would also appear to have a good claim for trademark infringement/ unfair competition.

 

[silverburst]

There is a greatly relevant quote from Ice Cube that I cannot include, due to this being a family forum...

 

[slukather]

Man if they are gonna copy something, at least do a good job of it, gee.

Scott.

 

[lenny]

Looks Like Mr.Dog has it covered once again!
Nice work!

 

[slukather]

Because the graphic on the "Shifter" Skateboard has a 5150 on top of an amp (without the word "snowboard" attached) and is presented in a music setting, EVH would also appear to have a good claim for trademark infringement/ unfair competition.

And there is a very good chance he will, if not the wheels would already in motion.

Scott.

 

[Big Poppa]

Listen We gave these guys a friendly call. I think that as far as we go we need them to understand the deal but they are obviously fans and should be reminded respectfully

 

[NorM]

I hope that a really good soultion for all parties involved can be reached.

 

[beej]

Well there you have it Fred ... buy the snowboard before it's a collector's item ...