Our Brand

Hammerschlagen Stump

The Hammerschlagen Stump

We offer an entertainment service under a specific three-dimensional configuration of shapes, designs, and materials that present a specific visual appearance. This is called a “trade dress,” and is most often referred to as the “Hammerschlagen Stump”[1], or simply the “Stump.” Officially, our Hammerschlagen 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[2]. Beginning in the in the 20th century, our widespread use of this distinctive decor created an environment in which the public came to immediately affiliate the use of our Hammerschlagen Stump with our other trademarks.

Other Intellectual Property

We engage in commerce on a regular and continuous basis under a family of copyrights, trademarks, and servicemarks, both registered and unregistered, throughout the United States. The use of any one or more element of our Hammer-Schlagen® brand creates recognition in the mind of the viewer as to the source and origin of the entertainment services offered thereunder as Hammer-Schlagen®. Our intellectual property includes, but is not necessarily limited to:

  • The Hammer-Schlagen Stump[1];
  • The Hammer-Schlagen Logo[3];
  • The phrase “Let’s Play Hammer-Schlagen”[3][4];
  • The phrase “Hammer-Schlagen” (a/k/a “hammerschlagen”)[5][6][7];
  • The phrase “Get Hammered”[8];
  • The phrase “Get Nailed”[9];
  • The phrase “Got Wood”[10];
  • The phrase “Whack It;”
  • The phrase “Get Bent;”
  • The letters “HS”[3];
  • The text “hammerschlagen” as a copyright[11]; and
  • The Hammer-Schlagen Rules[12].
Any unauthorized use of our Hammer-Schlagen® brand (including the use of our trade dress) is strictly prohibited! A trademark owner victimized by the counterfeiting of their trademark may be awarded up to $2,000,000 in statutory damages per unauthorized use as described in 15 U.S.C. § 1117(c)(2). Trademark counterfeiting is illegal and criminal trademark counterfeiting is punishable by federal imprisonment and fines pursuant to 18 U.S.C. § 2320(b)(1)(A). 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 federal imprisonment and a fines pursuant to 18 U.S.C. § 2319(a).
1[a][b]
United States Patent And Trademark Office. Hammer-Schlagen Stump. Reg. No. 5548112.
[2]
Trademark Official Gazette. 4 April 2017, TM 741.
3[a][b][c]
United States Patent And Trademark Office. Let’s Play Hammer-Schlagen HS (Incontestable Registration). Reg. #2405337.
[4]
Minnesota Secretary Of State. #216908.
[5]
United States Patent And Trademark Office. Hammer-Schlagen. Reg. #4804117.
[6]
Minnesota Secretary Of State. Hammer-Schlagen. #724431600026.
[7]
Michigan Department of Licensing and Regulatory Affairs. Hammer-Schlagen. #D7124A.
[8]
United States Patent And Trademark Office. Get Hammered. Reg. #4918202.
[9]
United States Patent And Trademark Office. Get Nailed. Reg. #4798570.
[10]
United States Patent And Trademark Office. Got Wood. Reg. #4798590.
[11]
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 print advertising.
[12]
United States Copyright Office. Hammer-Schlagen Rules. Reg. #TX 8-092-585.