"Cacklefest" trademark (1 Viewer)

[Woody]

I am a member of the Early Iron Club in Alamosa, CO. Early Iron is a car club that puts on one of the best hot rod shows in Colorado. The show takes place every Labor Day weekend. This past labor day marked our 34th year and drew 603 cars to the event. In addition to the hot rod show and new to this year, we had some nostalgic dragsters and funny cars put on a cacklefest. The cacklefest was a huge hit. The crowd loved it, and the guys who brought their cars loved it. They told us when they left that this show was the best hot rod show that they have been too and promised to be back next year. They also said that they would bring more cacklers with them. My thinking is that the NHRA would be happy for newbie's to hear a nitro car run. Hearing a nostalgic fuel car may spark new interest in the sport and possibly promote new interest in NHRA national events. Two days after the show, our club president received the below email from the NHRA...Not only did we receive this email, the club president also received a "courtesy" phone call from an attorney who was representing the NHRA.

Dear Jeff: I am writing regarding your Club's use of the trademark "Cacklefest." Cacklefest is a registered trademark of the NHRA Motorsports Museum and is used exclusively for the activities we put on to raise awareness of the museum at our fundraising Hot Rod Reunions and other NHRA events we participate in. I see that the Early Iron Club used the mark at your recent event and we ask that you kindly discontinue the practice immediately. As a non-profit 501c(3) institution, our brands are our means of recognition. I am confident you will understand this issue and I wish the utmost success in your future events. If you have any questions please call me directly at (909)622-3454. Sincerely, Larry Fisher, Executive Director NHRA Motorsports Museum Pomona, CA

 

[Jon Asher]

Woody:

I need to speak with you about this offline. Please contact me via email at [email protected] ASAP. Thank you.

Jon Asher
Senior Editor
CompetitionPlus.com

 

[Project Paladin]

So this is what it has come to.......... Come on NHRA show some class. It's a car show for god sakes.

So,"Cacklefest" is trademarked by the NHRA. What about cacklefest.com is that also the NHRA's deal?

 

[Toejam]

Kyle, screw the NHRA call it Nitro Rumble!

 

[TooTall999]

So this is what it has come to.......... Come on NHRA show some class. It's a car show for god sakes.

So,"Cacklefest" is trademarked by the NHRA. What about cacklefest.com is that also the NHRA's deal?

Yes, cacklefest.com is part of the NHRA motorsports museum's deal.

 

[mike]

With the way the laws are written and interpreted, if you don't stop one group from using your trade mark, you can't stop ANY group using it...logic isn't part of the equation.

 

[mick]

there it is rite there in black and white print straight from glendora......nhra events are fundraisers.
remember that rolling thru the gate.

 

[rckymtn3]

In the same dispute, NHRA received a letter from the Poultry Industry Lobby, asking them to cease their use of the term "cackle". Though it aptly describes the staccato sound signature of a nitro engine, the chickens are still pretty pissed that half of their official vocabulary has been hijacked. (the other word in their vocabulary is obviously "crow", which has it's own issues as they have been in litigation with the Raven/Crow lobby, which are being sued themselves by a Native American group which claims Crow is their property). It's a slippery slope.

 

[vegasnitro]

I know this is going to turn into the usual bash the NHRA suits thread, but I would like to point out that if NHRA has trademarked "cacklefest", then they are well within their legal right to request that Kyle and his group cease using the term. NHRA could request receipts and sue that club into the ground, they have not taken that tack, they have just requested their legally protected intellectual property be respected going forward. I also have no doubts that Kyle and his group did this unintentionally, they were not trying to step on NHRA's toes or be copyright scofflaws. It seems to me that common sense has prevailed here, Kyle and his group got what they wanted out of their car show, NHRA gets what they want moving forward. No lawyers, no courtrooms, just an impetus for Kyle and his group to change their marketing strategy for next year. I think "Dragsters and Funny Cars Cackling the Day Away" has a nice ring to it.

 

[Nunz]

So the show was a big success with room to grow, I would just call that portion something else and continue on...

 

[nitro-trucker]

Try advertising A SUPER BOWL PARTY and see what happens. A friend of mine worked for the newspaper and every year they would get that type of e-mail from the NFL telling them not advertise those parties

 

[SundayNiagara]

Last I heard, Ron "Big Yohn's" Johnson owned cacklefest.com and uses the name with NHRA's permission.

 

[vegasnitro]

Try advertising A SUPER BOWL PARTY and see what happens. A friend of mine worked for the newspaper and every year they would get that type of e-mail from the NFL telling them not advertise those parties

The NFL dispatches lots of people to Vegas every year to make sure none of the casinos are advertising Super Bowl parties, that none of the betting forms in the sports book contain the words Super Bowl and that none of the casinos are publicly displaying the game on anything larger than a 55 inch screen. So the casinos, in turn, call it "The Big Game" and put up large screens in ballrooms, convention areas, etc. and make the parties "Invitation Only" (and it is not hard to get an invite) thusly skirting the public display rules. The NCAA has followed suit with "March Madness" and "Final 4" (and they probably will with the College Football Playoff this winter), so the casinos use the same tactics to skirt around that too.

Kyle and his group should have no problem using similar word play and euphemisms to effectively communicate that they will have cackle cars at next year's show. Or maybe they could just ask NHRA, they might surprise us all and let them use the term, as long as it is attributed to NHRA and not used for a for-profit purpose. But I expect Kyle and his group are hoping to make a buck or two off the show, so they will have to go down the silly road outlined prior.

 

[Raconteur]

What is the big deal, the word Cacklefest™ was registered in 2002, it's been their property for a long time. www.Cacklefest.com is allowed under license from the Museum.

Jeez, next time try Kackle-Phest.

 

[Mike]

Kevin, chickens dont cackle, they cluck...

 

[Dave]

Cracklefest, hand out free boxes Cracker Jack.

 

[PJ]

I'm sure I've been to non NHRA events where it has been called a cack&**&* (I don't want to have to pay royalties for saying it )

Chris is right though, if they have it trademarked then it is theirs. To often, lawyers get in the way of common sense.

 

[stitcherbob]

I never really liked "cacklefest".....doesn't tell non-drag racing fans what to expect and sounds kinda light compared to what really goes down

but since this is a public forum viewed by billions of people, I want to officially claim the trademark on "PEDALFEST"
all rights reserved and all proceeds go to me

watch this vid at 2:11 and come up with a new, better word for this than "cackle"...

 

[Toejam]

The Cackelefest at Pomona like 3 years ago was awesome, not sure if the cars closest to me were running over 90% or what. Cause the one in Indy last week was Weak, didn't have nearly the excitement!

 

[mike]

I just wish they were "throttle whack fests" ...