Step 1: Obtain Licensure
Hammer-Schlagen® is a decades old brand of a nail driving competition that began in Stillwater, MN in the mid-20th Century. The two primary trademarks of Hammerschlagen are the actual word HAMMERSCHLAGEN and a three-dimensional configuration of shapes and designs known as a trade dress (see step 2). There is also federally registered copywritten material entitled "Hammer-Schlagen Rules" (see step 3).
As it comprises of a family of trademarks, it is unlawful to use any element of the Hammerschlagen brand without the permission of Hammerschlagen (the company). You can enter into an agreement with Hammerschlagen whereby they will not sue you if you agree not to use their marks in commerce (see, for example, <http://www.hammerschlagen.com/our_licenses/residential/>). Or, if you are engaging in commerce, contact Hammer-Schlagen at (844) WHACK-IT, and invite them out to vend at your event!
Step 2: Obtain a Trade Dress
The Hammer-Schlagen trade dress comprises of a cross-section of a tree, nails pounded in around its perimeter, and a cross-peen hammer. Hammerschlagen Licensees can obtain all of these things from Hammer-Schlagen. Or, you can manufacture your own and obtain Hammer-Schlagen's written permission to engage in a nail driving competition under what you have made.
NOTE: A notable example of trade dress is the Coke bottle. Anyone can make a soda pop, but you cannot put it in a Coke trade dress without Coke's permission (even if you never use the COKE tradename). The same goes with the Hammerschlagen trade dress: you cannot offer a nail pounding competition under the Hammerschlagen trade dress without Hammerschlagen's permission (even if you never use the HAMMERSCHLAGEN tradename).
Step 3: Engage
Play at home by the federally registered rules: <http://www.hammerschlagen.com/rules/>. Or, head out to one of the hundreds of events that Hammer-Schlagen vends at across the United States and win some cool prizes: just look around for silly singe like Get Hammered℠, Get Nailed®, Got Wood®, Get Bent℠ and Whack It℠!
6 months ago
I find this Instructable to be in bad taste, given the open nature of this site. This feels more like an ad. Even your website which you link to above seems to be more about trying to establish providence for your IP and attempting to preemptively make a case for litigation.
I'm all for protecting IP, and if you want to make a business out of licensing your Hammer-Schlagen™, great, but although perhaps you came up with the idea of aggressively litigating the use of the term Hammer-Schlagen™, bringing your vibe here to Instructables feels offensive.
7 years ago
This looks like a fun game. Could you share a little more about how to play?