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View Full Version : UROC threatens W.E.ROCK with Legal Action



Steve
February 1st, 2006, 03:08 PM
Geez, more 'wheelers fighting and suing 'wheelers. :( This a copy of a letter from UROC to W.E.ROCK threatening a lawsuit. Sometimes we're our own worst enemy. There's a long thread on RME about this, with input from Lil' Rich at: http://www.rockymountainextreme.com/showthread.php?t=29510 I

WTF???


Re: United Rockcrawling & Off-Road Challenge v. W.E.ROCK USA

Dear Mr. Klein:
We are writing to you as Counsel for Untied Rockcrawling & Off-Road Challenge ("UROC"). We have been retained by UROC to file a lawsuit to enjoin W.E.ROCK USA from the following illegal conduct:

-Use of the name W.E.ROCK, which is confusingly similar to the "UROC" mark;

-Marketing W.E.ROCK USA's rockcrawling event as "W.E.ROCK ProNationals," which is confusingly similar to the "UROC Pro National" mark;

-Identifying W.E.ROCK USA's rockcrawling competitions as the "World Extreme Rock Crawling Championship Series," inasmuch as your use of this phrase is confusingly similar to UROC's "Extreme Rockcrawling Nationals" mark;

-Copying the format of UROC's website, located at www.uroc.com (http://www.uroc.com/), including, among other things, copying the top banner and menu of UROC's homepage, and copying the manner in which UROC displays it sponsors at the bottom of its homepage;

-Using video footage shot at UROC events to promote W.E.ROCK USA's events, including the video file downloadable from W.E.ROCK USA's website, approximately 75 percent of which is comprised of footage of UROC events;

-Copying UROC's Official Safety and Scoring Rules and Vehicle Safety Specifications, all of which are available at UROC's website.

At a minimum, the foregoing conduct constitutes trademark and trade dress infringement, copyright infringement, unfair competition, false advertising and misappropriation in violation of state and federal law statutory and common law. We are writing to demand that you immediately discontinue the foregoing conduct, which is causing actual confusion in the marketplace and is likely to cause continued confusion. We request that W.E.ROCK USA provide UROC with adequate assurances of discontinuation by 12 noon MDT on Friday, February 10, 2006. If you refuse to provide such assurances, we will promptly initiate an appropriate proceeding to obtain injunctive and other appropriate relief.

If you have any questions or would like to discuss this matter, please do not hesitate to contact me.

Sincerely,
Anthony C. Kaye

cc: Mr Ranch Pratt
Mark R. Gaylord, Esq

JOHN LEU
February 1st, 2006, 03:24 PM
What the F--K!!!!!!!!!! That isn't right.

ToyRunner1
February 1st, 2006, 03:33 PM
Most of us remember the Desert Dog tires. There used to be a Desert Rat tires a well. DD sued DR and won. They had to change their name to Desert Rattler. I don't know how they'd prove that W.E.Rock is too close to UROC, but they weren't very smart if they copied the UROC web site as much as alleged. I can see UROC winning on at least those points.

YJeeper
February 1st, 2006, 04:08 PM
Yikes, check out the websites assuming they are up and haven't been changed by this order. They are very similar. The bottom is nearly the same. Websites are so easy to make I don't know why they would do that other than to get in on their MONEY! Competition is good it makes you work harder to be the best. To have someone steal your product and claim it as his own is WRONG! Taking the liberty to copy some general images or whatever is one thing. This looks like it goes way too far. Now whether it is copyrighted or protected in some way is another thing.

THETODD
February 1st, 2006, 04:41 PM
I'm going to start a series and call it WE'ALL ROCK!! See what happens. Maybe They ROCK!! Then it'll have spinoffs like SHE ROCKS! HE ROCKS! HESHE ROCKS!!

vb
February 1st, 2006, 04:51 PM
if the web site does look much like uroc's and if the rules and such were copied then its a legit complaint. as far as the names and such: i would fight for those.

werock is not confusing at all with urock. thats worth a fight . the other stuff? shame on werock if they did copy. but thats eady enough to fix by the 10th

flashover
February 1st, 2006, 05:13 PM
There is also a post regarding this on pirate4x4 here (http://www.pirate4x4.com/forum/showthread.php?t=438438). A lot more information is provided in this. Take the time to read it and get more background into some of the specifics before making any judgement. Personally, I hope they both succeed, for the good of the sport.

Mike.Holmes
February 1st, 2006, 05:17 PM
looks like a 50-50 mix of legitimate complaints and BS.

Steve
February 1st, 2006, 05:27 PM
Take the time to read it and get more background into some of the specifics before making any judgement. Personally, I hope they both succeed, for the good of the sport.
I agree. I posted the link to RME because there's a lot more info there as well.

UROC had to know this would hit Pirate and other 4x4 boards and that the initial reaction would not be in their favor. Parts of it may be legit, but saying that people will confuse the names "UROC" and "W.E.ROCK" because they're "confusingly similar?" No Mr. Lawyer, we're not THAT stupid. :rolleyes:

Edit: I wonder what UROC's response would be if the NHRA sued them for copying its web site. :rolleyes:

rockfrog
February 1st, 2006, 06:30 PM
Good old USA, how letigous can we get? I wonder if ARCA came down on RCCA since they sound identical, maybe that is why we have UROC now rather than RCCA. I HATE ATTORNEYS!!!!!!!!!!!!!!!!!!!!!!!!!!

ecamp55
February 1st, 2006, 07:25 PM
Richard-heads clanging together????????

YJgirl
February 1st, 2006, 11:43 PM
It will be interesting how this plays out because like Mike said, it's a 50/50 mix of complaints. However there could be a counter suit in the works from the standpoint of CalROCs, which the Kliens own the rights to. CalROCs was around before UROC, and so on.

I personally think that it is poor form on behalf or UROC because they are endangering the compeitive sport of rock crawling as a whole. No major sponsor will want to touch either side while there is legal actions involved. But UROC knew that, and since they have the financial backing from XPLEX and others now, their pockets are deep. I personally do not want to have anything to do with Ranch, Mark and others in UROC purely due to the way I was treated by Mark and Ranch two years ago.

From a competitors standpoint, this is terrible for sponsors. Another reason why UROC should not have sued, in the end, they are hurting themselves.

j5
February 2nd, 2006, 12:37 AM
It makes sense to me. All Werock likely has to do is make these changes immediately and it might go away. They don't have a right to a free ride on the coat tails of URock IMO which it looks like what this suit is about.

sean@J-O
February 2nd, 2006, 12:49 AM
Just to make this clear...it's not a law suit...it is a fax we recieved from them...a threat if you will..

Rockhorse
February 2nd, 2006, 01:19 AM
They call it threat letter, anyone can pay a lawyer to write one and the name thing is bull and will never win on that! The web site would also have to be proven to be a copy. All that will happen is the lawyers will win and you and I will loose because it will come down to "who wants to spend the most money"!!!

politics and wheeling......gotta love it!!!:flipoff2:

Camp
February 2nd, 2006, 07:08 AM
It makes sense to me. All Werock likely has to do is make these changes immediately and it might go away. They don't have a right to a free ride on the coat tails of URock IMO which it looks like what this suit is about.

The website is a template and is almost the same as a huge quantity of sancition bodies and teams across motorsports. The rules have to be the same, what a bunch of crap. There are a number of competitors that wish to compete in both series. That is part of the reason that the different series have to keep from scheduling on top of each other because they screw us competitors when they do. Besides, if the rules are different for each series, do you think any teams have the money to have two different cars? No, then they have to chose. I believe UROC has made a grave mistake here because it appears they are trying to do one of two things: 1) Bleed the competition dry of money and run them out of business, or 2) Force competitors and sponsors alike, to chose between the series. The way things look, if it is the first and they are successful, I will put the team in mothballs because I left UROC a few years ago for a reason. If it is the second reason, they are shooting themselves in the foot because they are already not well respected for their business practices and treatment of teams so, they just might loose all of the teams, not just the ones that have already voiced they were leaving.

Team Rockstomper supports the Riches and that is the way it will stay.

Rk Crlr
February 2nd, 2006, 08:18 AM
I don't know squat about the pro side of wheeling, but after reading a chunk of the pirate board posts it seems that UROC made a big mistake. Probably a good thing it isn't an actual lawsuit, but from the sounds of it the self damage is done.

Camp
February 2nd, 2006, 08:38 AM
UROC has a history of sticking its proverbial foot in its mouth. This time it appears that they've done it in front of a much bigger audiance.....

zukstur
February 2nd, 2006, 10:41 AM
I talked to the Wells brothers a few weeks back and they are not competiting in UROC this year, along with several other teams. We Rock does a great job of getting the rules out early and sticking to the rules for the entire season. They also get the schedule out early, and stick with the dates, the only thing that has happened was the event got moved to another area due to property being sold but they stuck to the same date because people take vacation time to compete.
At the comp they have two to three judges per course so competetors get the sme treatment with no bad calls. They treat each and every competetor with respect and appreciation.
At off road impact I talked to Big Rich about the different organizations and their schedules, and he said our dates and locations are set and were staying with it unless a problem arises with a comp area. We talked about Pro Rock UROC and WE Rock and he said that for this sport to continue to grow all three organisations need to keep the comunication lines open amoungist them selves. He said each orginazation covers a different clinentail which helps with the sport.

Sorry about the spelling and grammer I SUCKED IN ENGLISH CLASS.

Gunter
February 4th, 2006, 02:46 AM
Yikes, check out the websites assuming they are up and haven't been changed by this order. They are very similar. The bottom is nearly the same. Websites are so easy to make I don't know why they would do that other than to get in on their MONEY! Competition is good it makes you work harder to be the best. To have someone steal your product and claim it as his own is WRONG! Taking the liberty to copy some general images or whatever is one thing. This looks like it goes way too far. Now whether it is copyrighted or protected in some way is another thing.
maybe it should be an open source thing? GNU license??? LOL

jtcustoms
February 7th, 2006, 10:50 AM
Team Rockstomper supports the Riches and that is the way it will stay.[/QUOTE]


X2!!!!!!!!!!!! See rule #3!:flipoff2:
JT

Camp
February 7th, 2006, 01:00 PM
:beer: Rule #3 :beer: