The Bengals made a mistake going after fans... surprise?
The general feel right now is that the Cincinnati Bengals HATE bloggers. I'm sure there's truth that they are annoyed by the constant ramblings of an incompetent owner, reports of a chaotic lockerroom and general negative press (mostly all the time), the feeling is that the Bengals went after one for reasons more than copyrighted material. Now, it should be understand: The Bengals aren't sending letters threatening lawsuits because they blog about the team, players, coaches or the constant (justified) bashing of the front office -- or we would have been knocked down long ago; only that Stripe Hype used copyrighted material.
In one sense, I actually do understand the point of keeping your own work (that's where my understanding ends). On the other hand, blogs like us provide a free opportunity for the Bengals to get their word out to fans. Using their logo should be a small price to pay for free word of mouth. Instead, their intentions of protecting their work backfired. And to be honest, I was hoping for some commentary from Cincinnati based media on the issue. I guess the drawback from being traditional media is that you lack the opportunity of promoting your voice (reason #1 why I never aim to be a sports journalist).
(Note: the leaders of SB Nation took great care avoiding these type of issues, so we don't use the Bengals material nor does our site's name reference 'Bengals')
The lack of understanding won't stop over-reactions from others -- which is totally at the fault of the Cincinnati Bengals. For instance Who Dey Revolution simply states that Mike Brown hates freedom saying "he seems bent on now silencing the teams biggest fans". From my understanding, the cease and desist letter had nothing to do with content or voice -- there was no content changes, revisions or deletions. Though I completely agree that this issue just adds to a list of things that keep wearing out fans until their base dwindles to a singularity. I also agree that the Bengals are not only wasting their time, but damaging their own PR cred (as if they had any) in which, ironically enough, bloggers will be forced to repair to justify using our free time, with free coin, to talk about the team (even some of it good!). Even so, it's getting pretty tiring when we're inundated with this team's trivial rest stop bathroom antics against fans.
However, this issue really isn't about new media vs. traditional media. If Stripe Hype received permission to the logo, nothing happens and they're allowed to do what they will. The worst part about this whole parade lap of "beat the fans down" is that the main blogger took the fall and resigned soon after -- David, call me! -- though we're not sure if he was forced out or left on his own accord. Not that it really matters.
If this issue were about the team going around and telling bloggers to stop blogging about the team, then we'd have war on our hands. A fight that all bloggers -- who are a tight-nit community -- would readily fight. Legally, the Bengals really can't do much more than fight for their own product -- i.e., images, articles on Bengals.com etc.. Fortunately, this isn't a new media vs. traditional media fight -- though as you can tell reading through the internet, some are drooling at the prospect.
So I suppose we can nickname this off-season the "Suicide Sessions". First, it was Chad Johnson's character from fun-loving to egomaniacal minion of Oil Slick. Now it's the Bengals' suicide PR campaign against their own fans.
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Lets get this straight.
In the grown-up world, the one where corporations own and maintain trademarks and logos, there are laws that govern their use.
If a corporation owns a trademark and does not VIGOROUSLY defend against unauthorized use, it can lose that trademark. Read that again. If a team like the Bengals can be proven to be aware of an unauthorized use of their trademarks, and be proven to have taken no action, it is entirely possible they could lose them. There is ample precedent for this in case law.
It’s not “attacking fans”, it’s “following the law”. Expecting the Bengals to allow infringing use of their trademarks just because someone is “a fan” and “we’re all buds” strains credulity. This is not an informal bunch of guys who get together to play some ball in the park with a logo that “Scooter drew on the back of a napkin at Hooters after we totally smoked those losers from Hyde Park”. It’s a multi million dollar corporation with intellectual property, brand and image.
Look, I bleed black and orange. If I dig into the boxes in my basement I can find you an Akili Smith jersey. I live and die by this team. I wanted to cry when they got the AFC North title, and I wanted to string up Mike Brown during most of the 90s. I’m with you.
But I’m also pragmatic enough to realize that this is grown-up world, with grown-up laws that don’t always mesh with “what’s cool”. They did what they had to do. There was no malice involved. Anyone who wants to claim otherwise is misled.
by Skyhook on
May 8, 2008 11:30 AM EDT
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So...
Of the 32 teams in the NFL, only the Bengals live in the “grown up world”? We were the leaders of the anti-CBA collition, leaders of preventing whinny players from trade demands, I suppose I could see this as another leadership role with the team.
Like I said, I understand their position, but I also understand other fan’s anger with a team that has them angered enough. They have enough PR issues right now, this was only a situation that wouldn’t go good for them. Not with the “new media”.
No doubt though, you’re 100% correct. There’s two issues. There’s the team’s legal rights and there’s the fan’s tiring faith. While they’re apples and oranges, they are lumped together in this.
Blogger at CincyJungle.com
by Kirkendall on
May 8, 2008 11:56 AM EDT
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RE:
One other thing, I do believe it’s a mistake for this team to go after their fans (free publicity that staunchly defends against others). There’s no risk of losing anything… there’s simply not enough use for it. They need the fans to turn out good words for the team. This hurt’s them from a PR standpoint. Stripe Hype was no threat to this team or the use of its logo. Anyway… that’s my added two cents after a $1.25.
Blogger at CincyJungle.com
by Kirkendall on
May 8, 2008 11:59 AM EDT
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It sounds like the Bengals went overboard
I don’t like the Bengals, I never will like the Bengals. But reading what happened on Stripe Hype, it sounds like the Bengals elevated the incident by threatening lawsuit rather than requesting a cease and desist (or recognizing non-traditional media as an important fan outlet). Many other medias are allowed to use the Bengals logo and trademarks, with permission. If you are going to deny permission, than ask that the materials are brought down first. If they are not, then proceed to threaten legal action.
I understand this is a grown-up world, but blogs are arising as a new lifeblood on which teams can get stronger fanbases. Poision that well, and down the road, you may be poisoning the business. Corporations ultimately pay the price for taking their consumers for granted.
by vherub on
May 8, 2008 11:40 AM EDT
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sounds like
cincy fans might need to change allegiances before too long what with their own team starting to cannibalize its own fan base. tell you what – throw away those hideous orange jerseys, swear fealty to the black and gold and the steelers nation will gladly welcome you with open arms. look, couple of points, same division so you can keep on hating the brownies, and the ravens, your team doesn’t want you to support them so why keep doing it, plus wouldn’t it be nice to start rooting for a winning team for a change. it just makes sense when you stop and think about it.
GO STEELERS!
by SE7ENS on
May 8, 2008 2:16 PM EDT
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from what I gather
and IANAL- full disclosure, Stripe Hype was simply using- without permission, granted- the trademark of the Cincinnati Bengals as, wait for it, the trademark of the Cincinnati Bengals. To infringe on that or too somehow inflict damages on the monetary value of that trademark would require it being used in a completely other way. Even posted there at Stripe Hype, it still represented the Bengals and only the Bengals.
And Stripe Hype will return. Watch for it.
by IgnatiusJReilly on
May 8, 2008 5:05 PM EDT
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