Announcement

Collapse
No announcement yet.

Never Wet the Beak of the Black Hand

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Never Wet the Beak of the Black Hand



    With regards to the actions of the members of Nostalgia Super Stock, Inc., here's the latest on the situation:

    (See State of... thread)

    the Good News first is


    A patent and trademark specialist attorney was contacted today, and while I've been asked not to disclose details to show his hand - he feels that there are many (as in more than a couple) reasons why a legally filed protest to the issuing office has an almost certainty of cancelling these trademarks. After the successful cancellation of the trademark, a suit could then be filed against the club and certain members for the cost incurred for all costs to cancel the trademark and recovery costs.

    Obviously the easiest, least costly, and most honorable way for all parties would be for the President of Nostalgia Super Stock, Inc., on behalf of his membership, to post a Press Release saying that they just now have come to the realization that the terms they registered were both descriptive, and widely used for a long period of time, and as such they will be asking the Patent and Trademark office to cancel those terms and flag them to never be registered again. However we know that they're not going to do the honorable, easy, and least costly way. As a matter of fact, their President has said that isn't going to happen.

    You might want to email members of Nostalgia Super Stock, Inc. to encourage them to save their club (financially and with the publicity from racing rags they're about to experience) and reconsider.

    The not as good news is

    So that's going to require that this Patent and Trademark attorney to document all of the reasons that the trademark should never have been approved for registration, and file the protests to cancel. The cost to prepare, file, and follow through the process of answering the government's requests is most often about $5,000.

    As much as all of us have better things to do with money than give to lawyers and government filing fees, this is a necessary evil. If you wait years instead of months, the job becomes more difficult and has diminishing returns.

    There are two intelligent ways to go about this. Ask 100 racers for $50; or four promoters running the class and seven of the more well-healed NSS racers to pony up $500 and confidentially keep them in the loop with progress. Doug Duell and I discussed and feel that ten helping with with $500 is the way to go - and we each have pledged $500 to the cause. The good thing about the NSS class is that the average age is high and the average car is expensive because many of the racers are empty nesters who were financially successful. We feel the four promoters will pitch in, and we have a short list of the other four or five well-healed racers that love the class (and the people in it) enough to pledge their help. Prior to Doug and I contacting them to ask, we're hoping they might contact either Doug or I over the weekend to offer.

    While this is as close to a slam dunk win that you can have (again for reasons that I can't fully disclose), nothing is a certainty with the Federal government's bureaucrats. In the very unlikely event of an unsuccessful protest, the next step is a very expensive suit (because of a ton of Discovery and depositions) in the Federal Court in Milwaukee against the club and certain members involved with the trademark application. This generally cost each party closer to $100,000. There is a plan and financial backing for that too, but it really is unlikely it ever come to that, because of how the trademark was obtained - and shouldn't have been granted in the first place.

    I think I stated before that I've been involved in both a bloody Trademark and a bloody copyright suit back in my business life. In both cases the trademark and copyright was rescinded at great financial expense to the applicant, and in one case the applicant was heavily penalized and a lawyer no longer to represent cases in that Federal court. I use to spend an average $60,000 a month in legal fees, and never ever lost in a suit I was involved in. Not once. I have a lot of experience understanding the business aspect of law, and in my opinion this is absolutely a fight worth fighting.

    How you can help

    We need many examples of event fliers with Nostalgia Super Stock class racing from all over the country in the last 15 or so years - like old Monster, NMCA, NMSA, 422, Texas Outsiders.... Also need clear and in focus paper photographs of plaques or trophies that mention NSS or Nostalgia Super Stock along with the year - along with a handwritten and signed note indicating when and where you won that trophy - and your phone number.

    You can send to Doug Duell or send to me at

    Dave Schultz
    610 Beasley West End Rd.
    Beasley, Tx 77417
    Maniacal Ravings of an Old Hippie
    Shop Diary of an Old NSS Racer


    My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

  • #2
    If this is puzzling to you, see http://www.nssracing.com/forums/show...to-Worry-About
    Maniacal Ravings of an Old Hippie
    Shop Diary of an Old NSS Racer


    My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

    Comment


    • #3
      After reading the NSS Inc rules, I have more than a few observations. I posted this earlier on the Victory website. It was in a (weak) response, from an NSS Inc member.....



      I see a lot of hypocrisy in the rules. You have eliminated full-size cars prior to 1961. Are you trying to get rid of certain racers?

      You say you only want full-size cars, but rules include cars that are not full-size, if they "fit" your member list, i.e. Dart, Barracuda, Fairlane, Comet, '65 z-16 Chevelle and Tempest. Gone are full size Chevys after '65, full size Fords after '64, full size Pontiacs after '63. Appears to be an attempt to selectivly thin the heard. Congratulations, you've just eliminated about a third of current NSS racers.

      Want to keep the sport like it was, but allow trans brakes and any ignition box? Really?

      AFBs on a cross ram is not competitive? Better go back and look at numerous manifold combinations available for the Mopars. Also look at who qualifies well AND wins a lot.....dual quad AFB.

      If you really wanted it to look like it was in the past, why not mechanical fuel pumps, steel rear wheels, dual point distributors, rock hard slicks, etc., etc.?

      If you want a class that only includes your rules, then have at it. But don't saddle the rest of the world (by way of trademark) with your interpretation of how things should be. Sounds like the federal government to me!

      Rant over.
      1965 Malibu SS - "Tennessee Flash" NSS

      Comment


      • #4
        Not bragging but to prove a point that 2 carbs are as good and faster than one carb....4x Championship carb set up....and deadly on the number every run in any weather!!!!

        Comment


        • #5
          Originally posted by nssracer View Post
          Not bragging but to prove a point that 2 carbs are as good and faster than one carb....4x Championship carb set up....and deadly on the number every run in any weather!!!!



          Good tuning, Doug, but under the "TRADEMARKED NSS", Holleys on a dual quad aren't legal, and there is no F/X class stipulations !!!! Your car, like my car, and many of the cars out there are ILLEGAL!

          TRADEMARKED NSS is BAD for the sport! Thanks for taking these guys on!
          1965 Malibu SS - "Tennessee Flash" NSS

          Comment


          • #6
            http://www.nssracing.com/the-black-h...a-super-stock/
            http://www.texaswhaleracing.com/2015...n-drag-racing/
            http://www.daveduellclassic.com/2015...ng-threatened/
            http://www.moparstyleracing.com/2015...wn-nss-racing/
            http://www.vitamincracing.com/2015/1...he-black-hand/
            http://www.oldhippie.com/2015/10/tra...r-drag-racing/
            http://www.daveschultz.com/2015/10/t...r-drag-racing/

            Google will be linking these to the club shortly
            Maniacal Ravings of an Old Hippie
            Shop Diary of an Old NSS Racer


            My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

            Comment


            • #8
              Below is what was posted by Jeff Johnson of JJ Motorsports on another site. Looks like he also has had to deal with some form of this and makes a good point.


              This is total crap and is unenforceable. The NSS program has been a part of so many different groups for so long, that it's too late for any one entity to legally claim it. Unlike "Mopar", NSS that was not created by one person or company - though if we had to pick a Godfather, it would be Dave Duell. In fact, Dave, Paul Suloff and myself created the first NSS/Max Wedge-only event in 1993. I've been involved in trademark and intellectual property disputes in the past, in fact we're pestered by one right now involving a "Nostalgia Pro Stock" chapter. Similar deal, and what is happening is that the new "trademark owners" are being alienated by EVERYONE. Nobody likes a bully. That's why we all hate lawyers. Ignore these guys and they'll disappear real soon. If not, let them sue us on their dime until they go broke. It wouldn't be the first time...


              sigpic

              Comment


              • #9
                Just for fun google NSS..... see attached. I guess these companies may have an issue with the trademarked name also and maybe they should hear what is happening too.

                http://search.aol.com/aol/search?ena..._qt=ac&s_qt=ac
                sigpic

                Comment


                • #10
                  Originally posted by max-maniac View Post
                  Below is what was posted by Jeff Johnson of JJ Motorsports on another site. Looks like he also has had to deal with some form of this and makes a good point.


                  This is total crap and is unenforceable. The NSS program has been a part of so many different groups for so long, that it's too late for any one entity to legally claim it. Unlike "Mopar", NSS that was not created by one person or company - though if we had to pick a Godfather, it would be Dave Duell. In fact, Dave, Paul Suloff and myself created the first NSS/Max Wedge-only event in 1993. I've been involved in trademark and intellectual property disputes in the past, in fact we're pestered by one right now involving a "Nostalgia Pro Stock" chapter. Similar deal, and what is happening is that the new "trademark owners" are being alienated by EVERYONE. Nobody likes a bully. That's why we all hate lawyers. Ignore these guys and they'll disappear real soon. If not, let them sue us on their dime until they go broke. It wouldn't be the first time...


                  I'd given JJ a heads up yesterday, along with a few other NSS clubs. There are a whole lot of people wanting that club's head on a stick. They're about to get hit by a tornado of shit.
                  Maniacal Ravings of an Old Hippie
                  Shop Diary of an Old NSS Racer


                  My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

                  Comment


                  • #11
                    From a ton of web sites. I've been hearing from their current and former members that even they no longer believe or trust Bob and Rich


                    A small club a of a couple dozen members going by the name of Nostalgia Super Stock, Inc., put a registered trademark on the terms "NSS" and "Nostalgia Super Stock" - despite the fact that maybe better than 1000 racers have raced hundreds of Nostalgia Super Stock Races, at dozens of tracks in the last 25 years.
                    If you go to this club's site at www.NostalgiaSuperStock.com, you will see that they have place their trademark there. You will also find a link to their member email addresses if you'd like to communicate your feelings to them, and lists of sponsors and events/tracks if you would like to communicate with them.
                    The below links show the trademarks.
                    http://tsdr.uspto.gov/documentviewer...ndex=13&page=1
                    https://trademarks.justia.com/863/06/nss-86306798.html
                    We Will Rule The World All Of Nostalgia Super Stock


                    While all club members are guilty of allowing this to happen, it appears to be the brainchild of Club Secretary Bob Wilkiewicz, and Club President Rich Berlisk. They recently approached a Doug Duell, who administers Dave Duell Classic and and a member of the National Rules Committee (also trademarked by this club - so all members resigned to form a new rules committee), and informed him of the trademark and their intention of licensing (aka shaking Down) all organizations, promoters, websites, clubs... with both fees and other "requirements".
                    More recently, the shakedown has begun with at least one promoter (NMCA) receiving a letter to contact them about licensing requirements.
                    Initial reaction to many was to drop or rename the class instead of wetting the beak of trademark trolls/squatters, but only the weak cave. A specialist trademark attorney has reviewed the applications the club made, and other documentation of the use of the terms - and while we don't want to show his complete hand - it is obvious that those trademarks should never have been granted and it is a certainty that revocation will be granted.
                    The way of most common sense and least cost to all (including the club) would be for them to issue a public apology to all NSS Racers and to surrender the trademark back to the Patent and Trademark office as being they had recently realized (save face avoid fraud) that they are widely used over a long period descriptive terms, and should never be registered trademarks. However, like Pinky and the Brain, narcissistic domination of the class stands in the way of common sense and they've refused. Their strategy is to stand by the line that they're just protecting the name from evil (kettle calling pot black) and they're all about education - at least until the dust settles.
                    Well the dust shouldn't settle until no one has the ability to misuse these terms for their ego and the extortion by licensing of the many outside their little club. So after legal consultation, the next step is to file a legal protest to the Patent and Trademark Office with the many examples of why the application wasn't proper, and the many reasons the registration of the trademarks need to be immediately revoked. This will cost roughly $5,000 in filing and legal fees. Doug Duell and Dave Schultz have stepped up and pledged $500 each, and feel that another eight organizations and well healed NSS racers will also step forward to do the same. If you are willing to be one of the ten helping to right this wrong, contact Doug or Dave.
                    While the lawyer feels that this will be a slam-dunk once filed, there's never 100% certainty when you have Federal Bureaucracy involved. If unsuccessful, then a suit filed in the Federal Court of Milwaukee, against the club and certain members will be required, costing the club member and the petitioner in the $100,000+ each range. We feel we also have that covered, but hopefully it will not go that far.
                    What NSS drivers can do in the meantime is contact the club's members, as there certainly must be a few feeling this is wrong and don't want any part of the shitstorm about to happen. Contact their sponsors who may not be happy of associating with a club using the tactics of the Black Hand. Contact the promoters and tracks to let them know who they're associating with. Contact car and racing magazines, both print and Internet (even racing forums) to have them post the start of what could be a horrible trend to other classes like Nostalgia Muscle Car, Pro Mod, Nostalgia Funny Car, Nostalgia Pro Stock - or even "Bracket Racing". No club should be allowed to try to own a widely promoted class of drag racing, and an example needs to be made of any club that does try. Regardless of any other differences, we need a united front of Clubs, Promoters, and drag racers to come together on this cause.
                    More information can be found at:
                    Maniacal Ravings of an Old Hippie
                    Shop Diary of an Old NSS Racer


                    My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

                    Comment


                    • #12
                      NSS Racers from New Jersey to California have been emailing me

                      Mr Schultz, I'm with the ANW guys and Dave Franklin. These bastards trying to take ownership of this is beyond anything I would ever expect a racer to do.

                      I'm a 29 year California trial lawyer based in Los Angeles. I'm firmly on our side. I don't know trademark law as that is a specialized field of federal law. I am also on the board of directors of Loyola Law School---I can help with a no bullshit referral to some lawyers who are the real deal in this area. I will help with $$ if need be. I am so ****ing pissed off i can barely type this message.

                      Let me know how I can help.
                      Maniacal Ravings of an Old Hippie
                      Shop Diary of an Old NSS Racer


                      My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

                      Comment


                      • #13


                        Even their members are bailing on them and saying they don't believe or trust Rich and Bob.

                        https://www.facebook.com/groups/nssracing/

                        They still have a day or so to save face, and stop the bleeding of their integrity and eventually money - by posting a Public release that they just realized that the terms were widely used and descriptive and should never have been trademarked, apologize to all NSS racers, promise to Voluntarily surrender back the trademarks - and then immediately prove the follow through of surrender.

                        It is that simple and there are no other acceptable options to the majority of NSS Racers who will fight this.
                        Attached Files
                        Maniacal Ravings of an Old Hippie
                        Shop Diary of an Old NSS Racer


                        My image posting solution was to go to Southern Star Hosting, to register the domain of www.OldHippiesPhotos.com for less than $10, and hosting for less than $5 a month. I then installed the Free Application Zen Photo with one click from my Control Panel. I have tens of thousands of my photo digitized, which in time I'll upload there to preserve from disaster, and access from anywhere. In the meantime it makes for a great place to host my forum photos - plus I can still install 24 more free applications on that site if I cared to.

                        Comment

                        Working...
                        X