Our Trade Dress

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 20^th 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:

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).

The 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.