VIEWPOINTS A10 • PRICE HILL PRESS • APRIL 9, 2014
Editor: Dick Maloney, rmaloney@communitypress.com, 248-7134
EDITORIALS | LETTERS | COLUMNS | CH@TROOM
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Boosters’ claims refuted by case law Please read the Oak Hills Athletic Boosters February “Community Letter” on their website. The misinformation abounds by its design. The Boosters have inadvertently admitted that it has no ownership rights in the Olde English “OH.” The Boosters claim its rightful ownership of the “OH” can be verified by the Ohio Secretary of State’s website. The Boosters registered the “OH” in 1981. I checked the Ohio SOS website, discovering the Boosters corporate status expired, as did the “OH” registration, in 1997. It reinstated its corporate status in 2007. It did not re-register the “OH” until June 2013. Registration of a mark is not proof of ownership. It’s not my opinion. It’s the law. The Ohio Supreme Court has so ruled. The owner of a service
mark is the entity who created the mark or who first used the mark, regardless of who registered the mark or when. Bruce D. “The rights Knabe COMMUNITY PRESS in…service marks are GUEST COLUMNIST acquired by actual use and not by registration. Such rights belong to the one who first actually adopts and uses the… mark in connection with his business.” Younker, et al. v. Nationwide Mutual Ins. Co. (Ohio 1963). Registration is merely claiming ownership of it. It is not proof of ownership. When the Boosters claim the registration is proof of ownership, it admits it has no proof of ownership.
The first photographic evidence I could find of “OH” use was the 1966 Oak Hills Varsity “O” Club. Documentation suggesting the Boosters created or acquired the “OH” does not exist. If the Boosters owned the mark, it has waived any right of enforcement. The legal Doctrine of Laches applies because the Boosters sat on their rights since at least 1981. It cannot enforce rights it has waived. The “common-law rights may be lost in various ways. For example, the doctrine of laches may bar a claim of common-law protection if there is an inexcusable delay between a newcomer’s use of the name and the original user’s action to enjoin the use.” Hinckley Chamber of Commerce v. Hinckley Chamber of Commerce, Inc. (Ohio App. 9th
Dist. 1985). Since at least 1974 the Boosters acquiesced as others used the “OH” as their own symbol in the Oak Hills community. It cannot now decide to protect the “OH” in the community. The toothpaste cannot go back in the tube.
Thus for the last year, the Boosters have seemingly fraudulently claimed ownership of said mark, and have thus perhaps extorted money from entities, including even the Oak Hills Local School District and the PTAs of each school, by leasing the rights to a mark it does not own. Who owns the “OH?” It does not appear to be the Boosters. Everyone may be free to use the mark. Any entity forced to join the Boosters and pay the tribute should demand a full, complete, and immediate refund. If refunds are not immediate, legal action should proceed, which may qualify as a class-action for which legal fees may be awarded. Bruce D. Knabe is a 1986 Oak Hills High School graduate and a resident of Green Township.
CH@TROOM April 2 question There is a campaign both locally and nationally to make baseball’s Opening Day an official holiday. Do you think this is a good idea? Why or why not?
“As the Reds are the oldest professional baseball organization in American history, going back to 1869, if this were to officially happen Cincinnati would be a good place to try it out as a local holiday. Whether or not you’re a baseball fan you have to admit that.”
TRog
“I think this is a very good idea. Baseball is king in this city and we take this day every year to honor that.”
Terry Garvin
“Things are just fine here in Cincinnati on Opening Day. If others wish to do the same thing they should be able to do it without bringing in the local or national governments.”
R.V.
“Why not? Since a great deal of people take off work for Opening Day on any professional baseball team, and watch their parades, might not
THIS WEEK’S QUESTION Would you support tolls for a new Brent Spence Bridge if that was the only way to get the bridge replaced? Every week we ask readers a question they can reply to via e-mail. Send your answers to delhipress@communitypress.com with Ch@troom in the subject line.
be a bad idea. I think Cincinnati should be the first selected for this since they had the first professional baseball team!”
OHR
“I’m not really sure if other cities celebrate Opening Day in the same fashion as Cincinnati. There is a lot of activity that is exhibited on Opening Day from early morning and till late in the evening. I know the stadium only seats approximately 40,000, but many many more take off work that day, due to sickness or whatever, and boost our economy by frequenting a local establishment somewhere to watch on TV. I also understand that Opening Day causes some of
The Block Party at The Banks is full of people on Opening Day.LEIGH TAYLOR/THE COMMUNITY PRESS
the highest absenteeism within our school systems, and possibly the lowest production within most companies. Did you ever try to get anything done with a local or county office on this day? I know when I was working, we always had a TV and refreshments for our customers in the lobby and had the employees dress in their Reds
garb. This is a day of enjoyment and socializing amongst thousands of people, and if we can’t do this just for one day, maybe we should just keep on as is and continue to play hooky.”
D.J.
“Yes. Let’s have some fun outdoors after the winter dulls. This should not be a bargaining
chip in business but a national day to miss work or school with no penalty at either. Less we forget it has been labeled the national pastime. Boys and girls start playing at very young ages, moms and dads cheer in the bleachers rings in small towns to large cities, sand lots. So, let’s play ball.”
C.J.H.
LETTERS TO THE EDITOR Support Delhi Twp. police levy
A resident since 1965, I’ve seen our Delhi Township Police Department adjust to our continued growth and have witnessed their accomplishments in safeguarding our community, all with minimal demand for operating costs. Caring, professional and responsible are words that describe their public service. I urge our residents to vote for the small levy request this May. Jack Ryan Delhi Township
New police station well thought out
There appears to be ongoing confusion as to the new location of Cincinnati Police District 3 headquarters, at least for a couple recent letter writers.
I have volunteered in a Cincinnati Police Department program for 15 years and, while I am not writing as a police or community spokesman, I do have familiarity with how and why the new site was selected. The old District 3 building is much too small and grossly inadequate. Police have been using an adjacent building as an annex due to the inadequacy of the current building. Additionally, the old headquarters is at the far east end of the police district. I am sure it is nice to have the district headquarters in your back yard. However, it is not in the best interest of the district as a whole to have the headquarters at a remote location with response times of 20 to 30 minutes, even with lights and sirens, to the far end of the district (Sayler Park). Several locations were con-
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sidered for the new headquarters. Comments were solicited online and numerous community meetings were held to gather input. Of the possible locations, the one ultimately selected on Ferguson Road is near the geographic center of District 3, greatly reducing response times to locations at the far ends of Westwood and Saylrr Park. The location is actually on the border between Westwood and West Price Hill, next door to Western Hills High School and in the center of west side retail development. No location is ideal. However, the location selected is as close to ideal as I can imagine. The city went out of its way to solicit community input. You can’t make everyone happy. However, this process did pretty well.
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phone number for confirmation. The deadline for columns and letters to appear in print is noon Thursday, April 17. The only columns and letters that will run the week before the election (April 30 edition) are those which directly respond to a previous letter. Print publication depends on available space. Electronic (email) columns and letters are preferred. Send them to delhipress @communitypress.com or rmaloney @communitypress.com. Include a daytime phone number for confirmation.
Ronald E. Rothhaas Jr. Westwood
5460 Muddy Creek Road Cincinnati, Ohio 45238 phone: 923-3111 fax: 853-6220 email: pricehillpress@communitypress.com web site: www.communitypress.com
Price Hill Press Editor Dick Maloney rmaloney@communitypress.com, 248-7134 Office hours: 8:30 a.m.-5 p.m. Monday-Friday See page A2 for additional contact information.