Page 1 of 2 12 LastLast
Results 1 to 15 of 24

Thread: Shaolin Trademark

  1. #1
    Join Date
    Jan 1970
    Location
    Fremont, CA, U.S.A.
    Posts
    47,947

    Shaolin Trademark

    Venerable Abbot Shi Yongxin is trying to get the Shaolin name trademarked now. Seems like he'll be a little late, but imagaine the impact if he succeeds. Check it out:
    http://www.law.com/jsp/article.jsp?id=1032128613059
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

  2. #2
    Join Date
    Jan 1970
    Location
    Sub. of Chicago - Downers Grove
    Posts
    6,772
    If this goes through, can they sue me for advertising I Teach Shaolin Kung Fu? Will I have to apply and pay them to use the name?? Or will proving that I actually teach Shaolin forms suffice?

    On one hand, it would be cool to see the Shaolin Temple shut down guys like Simon (Temple Kung Fu) on the other it would really suck if they shut me down for not making a finacial contrabution to them.

    I'm against it. The name is out of the bag, and has been for centuries. It's a bit late now me thinks.
    Those that are the most sucessful are also the biggest failures. The difference between them and the rest of the failures is they keep getting up over and over again, until they finally succeed.


    For the Women:

    + = & a

  3. #3

    Don't Panic

    I don't think it applies to martial arts, it is more than likely applied to trademark branding on products such as :
    Shaolin Coca Cola,
    Shaolin Cigarettes etc.......

    In terms of martial arts any KF with its basis in Shaolin can use the name as it is public domain in the KF world, legally it would be unjustifiable as it is to difficuilt to prove shaolin in ancestry and shaolin in its modern personae as presented by Shi Yong Xin Fang Zhang.

    Rgd.,

  4. #4
    Join Date
    Jan 1970
    Location
    Paris, France
    Posts
    685
    Sadly, it seems more that it has to do with $$$$ than with preserving "authentic" shaolin...

    Risk 0 doesn't exist.

  5. #5
    Join Date
    Jan 1970
    Location
    Fremont, CA, U.S.A.
    Posts
    47,947

    I agree with Shaolin Master

    Shi Yongxin has been fighting against all sorts of private companies that market shaolin products like cigarettes. He won a historic battle against a Shaolin sausage company. In China, trademarks are a new concept, so are lawyers really. This trademark battles are very new there, very difficult to win and more difficult to enforce. The sausage lawsuit was a major victory for Shaolin. I mean really, I love Shaolin collectibles, but sausage?
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

  6. #6
    Join Date
    Jan 1970
    Location
    Sub. of Chicago - Downers Grove
    Posts
    6,772

    Young forest sausge

    Yeah, calling something the "Young forest sausage" would be a travisty, especially if it was produced in a newly planted forest.
    Those that are the most sucessful are also the biggest failures. The difference between them and the rest of the failures is they keep getting up over and over again, until they finally succeed.


    For the Women:

    + = & a

  7. #7
    Join Date
    Jan 1970
    Location
    Calgary, Canada
    Posts
    520

    Shaolin Trademark Part II

    I thought those of you that have followed the trademarking of the word "Shaolin" world-wide, might be interesed in how the Canadian story has developed - its seems to have taken a different turn in this case.
    Canada:
    http://www.ic.gc.ca/app/opic-cipo/tr...tIndexOnPage=1

    r.
    Europe:
    http://oami.eu.int/CTMOnline/Request...arch_basic.jsp
    Last edited by r.(shaolin); 11-06-2012 at 09:05 AM.

  8. #8
    Join Date
    Mar 2004
    Location
    Alb. New Mexico USA
    Posts
    420
    That's pretty cool. A lot of information packed into that. They are planning to market a wide range of goods, it looks like. You will be able to buy an official shaolin miter.

    I wonder what the athletic shoes will be like.
    Master...Teach me kung fu.

  9. #9
    Join Date
    Jan 1970
    Location
    Canada!
    Posts
    23,110
    That is a trademark and is totally allowable.

    However, so is it legal if I make an alternate trademark logo and give it the name shaolin.

    the name shaolin will likely never be trademarked, but at least with that logo, we will be able to identify what is from teh temple and what is just called shaolin.

    good on them. there are a lot of 'shaolin' products out there that are NOT shaolin at all.
    Kung Fu is good for you.

  10. #10
    Join Date
    Jan 1970
    Location
    Fremont, CA, U.S.A.
    Posts
    47,947

    Fascinating choice of trademark

    That image is from an old stele - I tried to find the date on it, but I'd have to dig through my libraries to get it. It's famous because it shows graphically the three-in-one. Few westerners are that into it, but it's very significant to the Chinese and to scholars.

    There's this huge Shaolin trademark issue here in California. It's pretty hush-hush, but the grist of it is that a private entrepenuer claims rights to the name. We discussed it a bit last year. It relates to the Shaolin tour that just came through here.
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

  11. #11
    Join Date
    Jan 1970
    Location
    Calgary, Canada
    Posts
    520
    re: "Shaolin" Word trademark.
    Recently someone has requested that PRC Shaolin Si's, word trademark "Shaolin" be cancelled in Europe. The bases cited was, bad faith and / or invalidity.

    . . . . and . . . . a new trademark application for "Shaolin" has been filed by a German company called "Shaolin Temple Industry Development Europe GmbH.

    Does anyone know what thats all about.

    r.
    Last edited by r.(shaolin); 04-08-2006 at 05:11 PM.

  12. #12
    Join Date
    Jan 1970
    Location
    Fremont, CA, U.S.A.
    Posts
    47,947

    I don't know about Shaolin Temple Industry Development Europe GmbH...

    But here's one of the Shaolin Trademark threads (part 1). I was digging through the archives for somethign completely different and stumbled across it.
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

  13. #13
    Join Date
    Jan 1970
    Location
    Fremont, CA, U.S.A.
    Posts
    47,947

    I merged our two main trademark threads

    The Shaolin trademark was denies by China
    China court rejects Shaolin temple trademark bid: report
    27 Apr 2010, 0010 hrs IST,AGENCIES

    BEIJING: Persistent attempts by China's famed Shaolin temple to stamp its trademark on instant noodles and coffee may have hit a brick wall after a court ruled against the move, state media said Tuesday.

    The temple in central China -- world-famous for its kung fu and more recently its commercialism -- applied in August 2004 to put the brand "Shaolin Medicine" on items such as noodles, the Beijing Times newspaper reported.

    Authorities refused their application twice, prompting the temple to file a lawsuit last year, it said.

    But a court in Beijing ruled Monday that using the trademark "Shaolin Medicine" could "easily lead consumers to think that the products came from a pharmacy and that they could contain some medicinal elements," the report said.

    The court said consumers could be misled about the products' function, which would "create a bad social impact".

    Neither the court nor a spokesman for the temple were immediately available for comment.

    The temple -- which makes millions every year from entrance fees, online sales of Shaolin items such as spearheads and its travelling performing troupes -- has attracted controversy in China over charges of rampant commercialism.

    The temple's money-making success is largely attributed to abbot Shi Yongxin, a monk who took charge in 1999. Dubbed the "CEO of Shaolin," he has been repeatedly criticised for his perceived pursuit of money.

    But some have defended him, saying he is simply adapting with the times.
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

  14. #14
    Join Date
    Jan 1970
    Location
    Arizona
    Posts
    526
    Quote Originally Posted by David Jamieson View Post
    However, so is it legal if I make an alternate trademark logo and give it the name shaolin.

    the name shaolin will likely never be trademarked, but at least with that logo, we will be able to identify what is from teh temple and what is just called shaolin.
    That's exactly what I did; I tied the name into my logo and trademarked it. (see avatar)

  15. #15
    Join Date
    Jan 1970
    Location
    Fremont, CA, U.S.A.
    Posts
    47,947

    Do you ask to see the papers of all your students, Shaolin?

    Sorry, just couldn't resist that. Take that topic up here.
    Gene Ching
    Publisher www.KungFuMagazine.com
    Author of Shaolin Trips
    Support our forum by getting your gear at MartialArtSmart

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •