The "Stick It In" T-shirt is prominently placed in Bookholders' front window display downtown
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“We at Campus Emporium are surprised by recent events surrounding the ‘Stick It In’ chant. The saying has been a part of Blacksburg culture and our store for many years. We never sought to limit use of the phrase as we felt it belonged to all Virginia Tech fans, and were content to share the market with other local stores. We will not comment on the actions of other businesses. Their actions speak for themselves, and the community is free to form their own opinions based on the information that is publically available to them.”
According to Bookholders, the sale of “Stick It In” apparel won't necessarily be exclusive to their store.
“Groups, organizations, clubs and/or businesses looking to sell any 'Stick It In' apparel and/or merchandise are urged to contact BookHolders," said its press release. "It is the goal of BookHolders that through the 'Stick It In' phrase, that these businesses or organizations will also want to donate their proceeds to the charity; as decided upon by the community, and help promote the Virginia Tech community’s spirit and pride.”
Bookholders has not made a final decision on how proceeds from "Stick It In" apparel will be used, but they are calling on students and the Blacksburg community to help decide. According to Verde, suggestions can be posted directly to the store's Twitter, Facebook or email.
Even if others do sell apparel with the phrase, Bookholders will still maintain exclusive rights to the slogan while they hold the trademark.
“If they have trademarked the phrase 'Stick It In,' then they have to continue to use it and another company cannot use it, or anything that might be confused with it,” said Wat Hopkins, a professor of communication law at Tech.
The chant, coined by Tech’s Marching Virginians for when Tech’s offense is within scoring range of the end zone, was banned from stadium usage in 2007. However, apparel featuring the phrase has prevailed in the years following its removal from the stadium.
Verde has speculated that funds raised by sales may return to the phrase's source.
“Someone said the proceeds should go to the band, which is actually a great idea,” said Verde. “Why not give money to them, they started it.”
Though the phrase did not originate from Bookholders, it was still able to trademark it since it hadn't already been done.
“There is no requirement that you come up with your own trademark,” Hopkins said. “The requirement is that no one else is using it as a trademark.”
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A version of this article appeared in the Oct 25 issue of the Collegiate Times.
Leave a comment 31 Comments Write a letter to the editor
All letters to the editor must include a name, e-mail, daytime phone number and affiliation to Virginia Tech. Affiliation includes: year and major for students; position and department for faculty and staff; current city for alumni and parents.
Donate the money to victims of sexual assault.
Sincerely,
"Blacksburg Culture"
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Make up on a pig. Don't hide behind charity, BookHolders. What you did was out of pure money lust. This charity stunt sounds like a necessary step by BookHolders considering the bad press that I hope this article perpetuates. A better solution is to give up the trademark. I mean what's next? Lunch pail defense? By the way, that photo shows 'Stick It In' four times. Anyone who knows anything about it knows it was only said three times. Campus emporium had it right. They always have and will continue to get my business.
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You shouldn't be trademarking a phrase like that, that is so prevalent throughout the community.
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"'We were worried about losing the right to do it.'"
What a money grab, pure and simple. There's an exception in trademark law that allows a trademark to be disputed if there is clear evidence of prior use. I hope the Marching Virginians a) are the recipient of any alleged "charitable donations" that might come from Bookholders and b) they use the funds to file their own claim on the trademark.
It gives me another reason to continue shopping at Bookholders.
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It disgusts me that a book store, based in Baltimore not Blacksburg, would trademark and capitalize on a school tradition. As others have said, if anyone had the right to the trademark it is the MArching Virginians. I have never and will not be shopping at BookHolders and will continue to shop at Campus Emporium.
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Awesome article Dean.
On the topic of trademarking; why not let them do it? If they want rights to it, then let them have it. Campus Emporium had the same opportunities as BookHolders to trademark it! And why would they lie about donating it to charity. This has the potential to turn into a great fundraising opportunity for a great local charity.
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Not being able to sell it is a legitimate concern, considering the way VT trademarks everything remotely related to the school and then locks down all use of it... The old logo and the fighting gobbler, for example, cannot be used on new merchandise orders except by the school. If they wanted to get rid of Stick It In, they could do the same thing and just lock the copyright away.
This entire thing is blown so far out of proportion, you'd think everyone involved had nothing better to do with their lives! If anything, I say "Shame!" to Campus Emporium for using the opportunity to start a smear campaign and being obscenely childish. Bookholders is a bookstore that happens to sell some apparel; there's not a wide selection that would threaten Campus Emporium, and I've gone around looking for something and actually been directed to try Campus Emporium instead!
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Sooo Bookholders said they were willing to let other stores sell it too, and urged these stores to contact them about the opportunity? Mmmk... Has the Campus Emporium done this? Or what about some of the other local vendors in the Blacksburg area? I personally think it would be awesome to see a Blacksburg wide push for a local group/charity! They're even giving us, the fans of the phrase, the ability to direct the donations. Well... let's direct them where we want them to go, and push for the other local vendors to start this too! Hopefully Bookholders follows through and lets these other vendors have access to the phrase. Personally I'm voting for the funds to go back towards the band.
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http://tess2.uspto.gov/bin/showfield?f=toc&state=4002%3Al70ov5.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=bookholders&p_tagrepl~%3A=PARA2%24OW&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query
Sorry for the ugly link.... they also have trademark on "Sucks to be U"
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Abolish all "Intellectual Property".
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Campus Emporium undoubtedly thought "Stick It In" should remain in the Public Domain.
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What's the fuss? This is just a registration on the U.S. Patent and Trademark Office's supplemental register, which gives the registration NO SUBSTANTIVE RIGHTS. It's like a placeholder. Unless BookHolders can demonstrate that it has regular common-law rights derived from its use of the mark on these types of goods in commerce (to the exclusion of others), it's got nothing.
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If Bookholders is really being charitable, this looks appropriate... http://spiritoftech.music.vt.edu/giving_about.html
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Marching Virginians for their new facility!
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I agree, with Mr. Verde... that all proceeds should go to victims of sexual assault. And anti-assault and pro-good taste seminars.
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