Boogity, boogity, boogity, let's file a lawsuit', boys

Discussion in 'NASCAR' started by dpkimmel2001, Sep 2, 2009.

  1. dpkimmel2001

    dpkimmel2001 New Member

    Nice Darrell, real nice.....

    Memorabilia store in Canada forced to change name: A New Brunswick businessman and long-time racing fan has been forced to change the name of his tiny memorabilia shop under the threat of a lawsuit by NASCAR legend Darrell Waltrip. Randy Nicholson, who has sold NASCAR merchandise in Woodstock since 2001, has been accused of infringing on a trademark that wasn't registered by Waltrip until four years after Nicholson's store was established. Borrowing from a catchphrase issued by the Fox Sports commentator at the start of every race, Nicholson initially called his business Boogity Boogity Racing, and then later changed the name to Boogity Sportswear. On Friday, he received a cease-and-desist letter from an Ontario law firm representing Waltrip, a former Winston Cup champion who says, "Boogity, boogity, boogity, let's go racin', boys" each time the green flag drops. Waltrip registered the catch phrase as a trademark in Canada on Oct. 31, 2005. "My first instinct was that I was going to fight (him), but I don't have the means,'' Nicholson said Tuesday as he stood behind the counter in his store, which also sells hockey, wrestling and ultimate fighting souvenirs. "I am in no position to fight Darrell Waltrip. He has deeper pockets than I do." Nicholson said he registered his business with the federal government in 2001, and paid more than $1,200 to cover the cost of a search that was conducted to ensure the name wasn't being used in Canada by anyone else. At one point, he also operated stores under the Boogity banner in Moncton and Saint John, but he never received a complaint until last week, when a sheriff delivered a letter from MBM, an intellectual property legal group in Ottawa, sent on Waltrip's behalf. "From a trademark point of view, he is infringing Darrell Waltrip's registered Canadian trademark,'' Scott Miller, the head of the litigation group at MBM, said Tuesday. "Taking intellectual property without permission is as reprehensible as taking anything else." Nicholson argues that he has never infringed on Waltrip's rights. He says he has never sold anything that carried Waltrip's trademark, and the few Boogity-related items he sold bore a logo that he developed on his own. Nicholson has until next Tuesday to wipe his shop clean of the word "boogity" and has already taken down his signs. Until he comes up with something better, he will call his business R&B Embroidery, to accentuate the fact that he does printing and embroidery and manufactures vinyl signs. Nicholson said it will cost him between $5,000 and $8,000 to register a new name, put up signs, change his business cards and letterhead, order new cheques, change the way his phone is listed, and set up a new website.
  2. DexterMorgan

    DexterMorgan New Member

    Darrell Waltrip must be taking lessons from that scumbag Brian France. What a piece of shit.
  3. Sirius01_8

    Sirius01_8 New Member

    Is there anyway to slap a lawsuit on DW to get to cease and desist order so he doesn't say that god awful catchphrase at the start of the race?

    Besides if I was in charge in the patent office and some assclown showed wanting to copyright "boogity, boogity, boogity lets go racin'" I'd laugh him out of the office and back to retardville where he came from.
  4. mghtx

    mghtx 2000 Man

    The very LEAST Waltrip should do would be to pay for these changes. This kind of thing pisses me off.

    I didn't know the law would work retroactively like that. What total BS.

    It was a few years ago that Texas Tech sued and shut down a "mom and pop" store that sat next to the school and had been operating for years. They were selling a T-shirt that said "Wreck 'em' Tech" and was very popular. They were huge supporters of Tech and were good for the community. Tech sued over that shirt and the store had to shut down.

    Tech sued instead of working out some kind of deal with the store that supported and loved the school. Because of that I stopped watching or listening to anything regarding Texas Tech.

    Darrel could have worked out some kind of deal with Randy Nicholson if it bothered him so much instead of making his business suffer. I hope this story gets wide spread attention to the fans and I hope the fans show it come next season.
    SubmarineMike likes this.
  5. SubmarineMike

    SubmarineMike New Member

    Lets call up the channel and all of us bitch about it.. DW supposedly listens too the channel. The big issue here is the owner did his due diligence and researched it. He opend his store BEFORE DW trademarked the phrase. Let's help this guy out.
  6. DexterMorgan

    DexterMorgan New Member

    I agree with that but make sure you call the right show. Im sure the shills on TMD would kiss Darrells ass to no end on any subject so perhaps that wouldnt be the show to call unless you like getting yelled and screamed at.
  7. mghtx

    mghtx 2000 Man

    He's said he listens to Moody's show...so that's the show to call.
  8. DexterMorgan

    DexterMorgan New Member

    Well there is a rebuttal by DW's people up on Jayski. Sounds like someone doesnt have his facts straight. If this is the case then I apologize for calling DW worthless.

    ""It's unfortunate to read the articles about Mr. Nicholson's store, as they do not tell the whole story", responded Van Colley, Darrell Waltrip's longtime Business Manager. "The truth is DW first came up with Boogity Boogity Boogity and then the name of the store appeared. "Mr. Nicholson only used Boogity as a result of DW's earlier use on FOX. In my opinion, it is not a coincidence that DW started his broadcasts with Boogity, Boogity, Boogity in March of 2002 and then 9 months later, with his business partner, Richard Poulin, that Mr. Nicholson incorporated a company called BOOGIDDY BOOGIDDY RACING INC on November 6, 2002. He then changed the corporate name to Boogity Boogity Boogity Racing Inc on March 3, 2003. That company was dissolved on July 25, 2008. Then the store operated under the name Boogity Sportswear. The shop went as far as applying for DW's trademark of Boogity, Boogity Boogity which was rejected in late 2007 by the Canadian Trademark Office. My point is there is no way Mr. Nicholson should be surprised about what has happened. It is odd that the shop filed for DW's trademark. Whether Mr. Nicholson is a small business owner or the owner of a large corporation is irrelevant to the matter. You simply can't take some one's legally trademarked intellectual property and attempt to profit from it. Common sense tells me that I can't simply throw up some golden arches in my front yard, hang a sign that says McDonalds on it and fire up my grill to attempt to sell some hamburgers simply because I want to. We appreciate Mr. Nicholson being a NASCAR fan and his selling of legally licensed NASCAR merchandise in his store. We also wish no ill will to Mr. Nicholson, despite his comment of wanting to "tear out DW's wind pipe." At the same time, I won't apologize for protecting DW's legal rights. We, like NASCAR, the drivers and teams in our sport fight this kind of thing all the time."
  9. pete9421

    pete9421 New Member

    WOODSTOCK - A New Brunswick businessman and long-time racing fan has been forced to change the name of his tiny memorabilia shop under the threat of a lawsuit by NASCAR legend Darrell Waltrip.

    Enlarge Photo Marty Klinkenberg/Telegraph-JournalRandy Nicholson, Woodstock businessman, has been accused of infringing on a trademark by NASCAR legend Darrell Waltrip. Randy Nicholson, who has sold NASCAR merchandise in Woodstock since 2001, has been accused of infringing on a trademark that wasn't registered by Waltrip until four years after Nicholson's store was established.

    Borrowing from a catchphrase issued by the Fox Sports commentator at the start of every race, Nicholson initially called his business Boogity Boogity Racing, and then later changed the name to Boogity Sportswear.

    On Friday, he received a cease-and-desist letter from an Ontario law firm representing Waltrip, a former Winston Cup champion who says, "Boogity, boogity, boogity, let's go racin', boys" each time the green flag drops. Waltrip registered the catch phrase as a trademark in Canada on Oct. 31, 2005.

    "My first instinct was that I was going to fight (him), but I don't have the means,'' Nicholson said Tuesday as he stood behind the counter in his store, which also sells hockey, wrestling and ultimate fighting souvenirs. "I am in no position to fight Darrell Waltrip. He has deeper pockets than I do.

    "I'm just a Carleton County boy."

    Nicholson said he registered his business with the federal government in 2001, and paid more than $1,200 to cover the cost of a search that was conducted to ensure the name wasn't being used in Canada by anyone else.

    At one point, he also operated stores under the Boogity banner in Moncton and Saint John, but he never received a complaint until last week, when a sheriff delivered a letter from MBM, an intellectual property legal group in Ottawa, sent on Waltrip's behalf.

    "From a trademark point of view, he is infringing Darrell Waltrip's registered Canadian trademark,'' Scott Miller, the head of the litigation group at MBM, said Tuesday. "Taking intellectual property without permission is as reprehensible as taking anything else."

    Nicholson argues that he has never infringed on Waltrip's rights. He says he has never sold anything that carried Waltrip's trademark, and the few Boogity-related items he sold bore a logo that he developed on his own.

    "I really don't understand this,'' Nicholson said. "It is not like I was making money off of Darrell Waltrip's name. It's a word for goodness sakes- 'boogity' - and I am not even sure it is a real word. It's a redneck word.

    "If I had a million bucks I'd be nose to nose with him."

    Nicholson has until next Tuesday to wipe his shop clean of the word "boogity" and has already taken down his signs. Until he comes up with something better, he will call his business R&B Embroidery, to accentuate the fact that he does printing and embroidery and manufactures vinyl signs.

    "I never dreamed in a million years that something like this could ever happen,'' he said. "I've been open for eight years, but now I have had to take my signs down, and people driving past think I am closed.

    "I used to like Darrell Waltrip, but I think if I had him here now, I'd tear out his wind pipe."

    Nicholson said it will cost him between $5,000 and $8,000 to register a new name, put up signs, change his business cards and letterhead, order new cheques, change the way his phone is listed, and set up a new website.

    "Basically, it stinks to be me right now," Nicholson said. "All I can do is come up with another name and pay all of the fees - and then cross my fingers and hope nobody else wants it eight years from now."

    Even if he is no longer keen on Darrell Waltrip, Nicholson remains a NASCAR fan.

    The words "I'm not speeding, I'm qualifying,'' are written at the top of his front door, "I'm not tailgating, I am drafting" are written at the bottom.

    In a display case, he still sells die-cast cars, including replicas of models driven by Dale Earnhardt Jr., Tony Stewart, Bobby Labonte, Sterling Marlin and Michael Waltrip, who is Darrell's younger brother.

    "I told my lawyer that when he sends a letter to Darrell Waltrip's law firm telling them I have agreed to comply, at the bottom I also want him to tell them they can go pound sand,'' Nicholson said. "What this boils down to is who has the most money. For Darrell Waltrip to be threatened by me, come on.

    "It is a little much."

    Marty Klinkenberg is contributing editor of the Telegraph-Journal. He can be reached at martyklinkenberg@hotmail.com.
  10. dpkimmel2001

    dpkimmel2001 New Member

    Seriously Darrell, "Boogity, boogity, boogity, let's go racin', boys", intellectual property? :rofl2:

    What kind of a delusional world does he and his gopher live in?

    After all that I read on this, I still side with the little guy. But that's just me.
  11. Raceimages

    Raceimages New Member

    I got bitch slapped in this forum last year for saying what I did about DW making an ass of himself on the Prelude PPV but I still stand by what I said then. You lose 10 IQ points at the beginning of every FOX race when he goes into his hilljack schpiel with the other idiot in the booth.
  12. mghtx

    mghtx 2000 Man

    I still stand by my previous post...

    "Darrel could have worked out some kind of deal with Randy Nicholson if it bothered him so much instead of making his business suffer."

    I understand protecting one's interest and that working out deals can't be done for every case...but in this instance I think DW's actions are harsh.
  13. DexterMorgan

    DexterMorgan New Member

    I say this in reference to how much Fox makes our sport look like a bunch redneck inbreds watch it. You dont see Troy Aikman yelling at the start of every football game, "KICKOFF KICKOFF KICKOFF!! Lets pull those jockstraps up one more time"

    A deal could have been worked out, but if what the lawyer says is true, and the guy did use Boogity Boogity Boogity starting in 2003, then.....i have a hard time being sympathetic to him. Just because DW comes across like very lovable handicapped child, it doesnt diminsh the fact the phrase is leagally trademarked.
  14. semipenguin

    semipenguin A Member of One

    SWEEP SWEEP SWEEP Let's go CURLING boys! :right:

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