Has the name "footbag" been trademarked/copyrighte

General footbag-related topics that don't fit elsewhere go in here.
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tstep84
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Has the name "footbag" been trademarked/copyrighte

Post by tstep84 »

Does anyone know anything about this? I don't really post much but I am in the library right now, reading about buddhism and don't think I can comprehend anymore unless I get this out of my head.

I read the other day about Nike selling 16 panel footbags or something like that. They even call them footbags. If footbaggers were to somehow copyright this term I think the sport could really benefit from it. Im not sure who would wanna take rights to the name but I think it would be helpful to the sport.

In regards to nike "footbags": If a shoe company is gonna make a ball with a specific purpose, why don't they make a shoe? There are nike soccer ball --- Nike soccer shoes. Nike Basketballs--- Nike Basketball shoes. Nike "footbags" --- nike footbag shoes.

If we could get licensing some how to this sport's name, we could collect royalties from these large companies like nike from making footbags. With these royalties, we could pay for my college education or give it to the IFPA. And if they keep making footbags, then their interest in the footbag shoe market would be increased.

The difficult part of this idea is who would wanna take rights to this name? I don't think i would want ownership.

I really don't know anything about business, licensing, trademarking, etc.. but I think this might be a feasible way to take this sport to a different level. Whamo is not going to allow us to use the name hacky Sac, then (Insert licensee of "Footbag") can disallow or set guidelines on use of the word "footbag."

let me know your thoughts about this.
Tom Stepek
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Trademark

Post by footbinc »

Hey

As far as I know, its not trademarked, but I do know its quite pricey (Here in Canada) or maybe a lawyer can correct me. The other problem is the usage guideline about something like footbag.

Im not up to snuff on trade mark law, but check this out:

http://www.shirleylaw.com/en/services/T ... elines.htm

Offers some insight and the such into it

Cheers

Ben
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Tsiangkun
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Post by Tsiangkun »

you can't trademark a generic word.
tstep84
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Post by tstep84 »

I don't think footbag is that generic though. Its not listed in the dictionary, encyclopedias, or anything of that nature. Ask a random person on the street what a footbag is, and they will likely respond, "foot what?" But I don't know, it might be wrong.
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Post by Tsiangkun »

The American Heritage® Dictionary of the English Language, Fourth Edition

A)
foot·bag n.
1. A small round bag filled with plastic pellets or other material and used in games that require its being kept aloft with the feet.
2. Any of the games in which such a bag is used.

B)
Hack·y Sack
A trademark used for a footbag. This trademark often occurs in print hyphenated or in uppercase or lowercase as a name for the game of footbag.
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Chris Hanratty
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Post by Chris Hanratty »

Tsiangkun wrote:The American Heritage® Dictionary of the English Language, Fourth Edition

A)
foot·bag n.
1. A small round bag filled with plastic pellets or other material and used in games that require its being kept aloft with the feet.
2. Any of the games in which such a bag is used.

B)
Hack·y Sack
A trademark used for a footbag. This trademark often occurs in print hyphenated or in uppercase or lowercase as a name for the game of footbag.
Well than... damn. Sure didn't see that coming.
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Post by ninja »

Still I dont see a problem in Nike making footbags and calling them footbags. Thats what it is and that is the sport not hacky sack. Better them making and using the right name than calling them hacky sacks.
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Post by Tsiangkun »

that because that's what they are supposed to call them.

Footbag can't be trademarked because it is the generic name for a bead filled ball/bag that is used in foot sports.
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Post by LameR »

The reason they make shoes for other sports such as football and soccer is because they can make a larger profit with that. There's a lot larger market in those areas than in the footbag community.
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Post by Splint »

Just so ya'll know, John Stahlberger created the term Hacky Sack before he created the term Footbag. He and Mike Marshall referred to their game as Hacking the Sack e.g. Hacky Sack and when they trademarked the name they had to invent a generic term for it so they called it Footbag.

They then sold the rights to the name Hacky Sack which Whamo now owns. You should also know that Whamo Hacky Sacks have a stamp on them that says "Official Footbag" or some such nonsense.
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Post by Tsiangkun »

Interesting, I wondered who got to coin the generic term . . .I knew the marshall story, but I didn't know if whammo coined footbag after they aquired the rights, or if the original duo did that.
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Post by tstep84 »

I had no clue that was in the dictionary... I guess it doesn't seem so generic for me because most of the people who ask me about it have never heard of such a thing. Well it was just a thought... So nike selling footbags is good I guess. Do you think they could ever possibly make something as good as a lon, carol, etc... ?
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Post by ninja »

Tsiangkun wrote:that because that's what they are supposed to call them.

Footbag can't be trademarked because it is the generic name for a bead filled ball/bag that is used in foot sports.
I meant complaining about Nike making footbags and calling them that, not about the trademarking of footbag.
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Post by Tsiangkun »

I think someone was having the idea of the IFPA owning the word footbag and then nonprofiting off the use of the word by licensing it to Nike.
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Post by Omen »

You cant coin the generic name of a sport, that would be like Wilson trying to coin the word football, or baseball for their athletic gear only.

Hacky Sack belongs to Whamo becuase it is the name of a toy and idea that they bought when it first appered.

If you could coin such generic words, footballs would be labeled "pigskin ball" or "spiral toss" or somthing lamer than football already is named.

When I was little I thought about coining the word "the" .... then I thought about it.
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