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Our Trade Dress

The Hammer-Schlagen® Stump

Hammer-Schlagen® engages in commerce under a specific configuration of shapes, designs, and materials that compose a specific visual appearance. Our trade dress[1], which gives rise to the elements found in our logo[2], is commonly referred to as the "Stump." Officially, the Stump is described as a three-dimensional trademark comprised of a cylindrical cross-section of a tree with nails positioned around the outer circumference of its upward facing flat circular surface and a cross-peen hammer[3]. Generally, the Hammer-Schlagen® Stump uses 16d common bright nails with a 3-pound hammer and plains cottonwood (which is Minnesota's largest diameter tree[4]). Note, however, that our Stump need not encompass these exact elements; anything confusingly similar may also be considered our trade dress. Beginning in the in the 20th century, our widespread use of this distinctive decor created an environment that generated recognition in the eye of the public to immediately affiliate our Stump with Hammer-Schlagen® and our other trademarks.

Our Trademarks

Hammer-Schlagen® is the common tradename of WRB, Inc. of Minnesota. We have engaged in commerce on a regular and continuous basis under a family of copyrights, trademarks, and servicemarks, both registered and unregistered, throughout the United States. They include, but are not necessarily limited to:

  • The Hammer-Schlagen Stump; [1]
  • The Hammer-Schlagen Logo; [2]
  • The phrase "Let's Play Hammer-Schlagen;" [2] [5]
  • The phrase "Hammer-Schlagen" (a/k/a "hammerschlagen"); [6] [7] [8]
  • The phrase "Get Hammered;" [9]
  • The phrase "Get Nailed;" [10]
  • The phrase "Got Wood;" [11]
  • The phrase "Whack It;"
  • The phrase "Get Bent;"
  • The letters "HS;" [2]
  • The text "hammerschlagen;" [12]
  • The Hammer-Schlagen Rules. [13]
Puyallup, WA:  Hammer-Schlagen® Tournament Of Champions at Oktoberfest Northwest

Our Brand

Our trademarks, copyrights, and trade dress comprise our Hammer-Schlagen® brand. The use of any one or more element of our brand creates recognition in the mind of consumers in the marketplace as to the source and origin of the services offered thereunder as Hammer-Schlagen®. We are unaware of any other source or origin which has offered our service under any element of our Hammer-Schlagen® brand anywhere in the world predating our use (or that of our predecessors). If you have any credible evidence demonstrating otherwise, we encourage you to submit your evidence to Hammer-Schlagen® for our most eager review!

Any unauthorized use of our Hammer-Schlagen® brand (including the use of our three-dimensional Stump) is strictly prohibited! A trademark owner victimized by the willful counterfeiting of their trademark may be awarded up to $2,000,000 in statutory damages per unauthorized use as described in 15 USC § 1117(c)(2).FBI Anti-Piracy Warning SealThe unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.

[1]United States Patent And Trademark Office. Hammer-Schlagen Stump. Reg. No. 5548112.
[2]United States Patent And Trademark Office. Let's Play Hammer-Schlagen HS (Incontestable Registration). Reg. #2405337.
[3]Trademark Official Gazette. 4 April 2017, TM 741.
[4]Minnesota Department of Natural Resources. List of Native Big Trees. http:////www.dnr.state.mn.us/trees_shrubs/bigtree/deciduous.html.
[5]Minnesota Secretary Of State. Let's Play Hammer-Schlagen. #216908.
[6]United States Patent And Trademark Office. Hammer-Schlagen (Incontestable Registration). Reg. #4804117.
[7]Minnesota Secretary Of State. Hammer-Schlagen. #724431600026.
[8]Michigan Department of Licensing and Regulatory Affairs. Hammer-Schlagen. #D7124A.
[9]United States Patent And Trademark Office. Get Hammered (Incontestable Registration). Reg. #4918202.
[10]United States Patent And Trademark Office. Get Nailed (Incontestable Registration). Reg. #4798570.
[11]United States Patent And Trademark Office. Got Wood (Incontestable Registration). Reg. #4798590.
[12]We claim copyright to the text "hammerschlagen" which we used in interstate commerce at least as early as 1999 by affixing it on apparel and printed literature as well as our use of the text on the Internet and in print advertising.
[13]United States Copyright Office. Hammer-Schlagen Rules. Reg. #TX 8-092-585.
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