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User:Jim at WRB/Hammerschlagen

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Hammerschlagen
Replication of a photograph taken in 1999 of the Hammerschlagen entertainment service at the Halftime Rec in St. Paul, MN
GenresNail driving competition
Players2 or more
Setup timeMinimal
Playing time3-10 minutes
ChanceMedium
Age rangeAny
Skills· Accuracy
· Motor coordination
· Physical strength
Origin /
Headquarters		United States /
Stillwater, Minnesota
Websitehammerschlagen.com

Hammerschlagen (formally, Hammer-Schlagen[1]) is a brand of a nail driving competition owned by WRB, Inc. of Minnesota which is identified primarily by its trade dress[2][3][4][5][6][7][8], and is world renown[8]. The brand appears at hundreds of events nationwide[7]. The German word Hammerschlagen roughly translates into "to beat with a hammer" or "hammer striking".

History

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The brand concept comes from a German pastime whereby children would pound a single nail into whatever was available like the dirt, the side of a building, or a tire. Each person would then take turns swinging at the nail with the sharp end of an axe until the nail could no longer be stuck. One could refer to this game by using the German word Nagelspielen, which roughly translates into "nail games" or "games with a nail."[9]

Though mistakenly thought to have originated in 1800's Germany[10], Hammerschlagen was founded in Stillwater, Minnesota[7][8] and created by Carl Schoene[11], who immigrated from Germany to the United States in 1957 with his family. At the restaurant his family opened, the Gasthaus Bavarian Hunter[12], Schoene would offer his game to friends and patrons. After some time, the restaurant began to become known for Carl's type of nail driving competition[13]. His father-in-law, Mike Wlaschin[2], took over the trade in the late 1980's and spread it throughout Minnesota and surrounding states. In 1999, Hammerschalgen was acquired by WRB, Inc. of Minnesota and currently markets the unique brand of entertainment service nationwide[7]. Hammer-Schlagen has appeared at hundreds of events nationwide, including those held in Minnesota at U.S. Bank Stadium, Allianz Field, the Minnesota State Fairgrounds, and CHS Field[14]. In 2016, WRB began offering franchises after nearly two years of regulatory preparation[8].[15]

The Game & Rules

[edit]
The Hammerschlagen trade dress
The Trade Dress.

Hammerschlagen is identified by a cross-peen blacksmiths' hammer positioned near the cross-section of a pre-cut tree stump having bright common nails pounded in at equal heights around the perimeter of its upward-facing circular surface[7][16]. Generally, 16d nails are used with a 3-pound hammer and Plains Cottonwood (Populus Sargentii) due to it being the tree with the largest circumference in Minnesota.[6][17][18]

WRB, Inc. Offering its services to a man allowing him to hammer a nail into wood while others observe at Oktoberfest 2016 in Iowa City

Each player is charged a fee to participate and is then assigned their own nail. A turn consists of a single continuous and fluid swing at the nail in an attempt to drive it in with the wedge end of the hammer. As is true with most all nail driving competitions, the first player to pound in their own nail so that its head is flush with the wood wins[19]. The winner is then rewarded with a prize[20] like a glove[21], bell[22], or other trinket.[2][4][5]

Competitors

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Other providers of like nail driving entertainment services include:

  • the Steele County Fair Womens' Nail-Pounding Contenst[23][24];
  • the HIC Nail Driving Competition[25];
  • the Berlin Fair Nail Driving Contenst[26][27]; and
  • the Apple Popcorn Festival Nail Driving Competition[28].
  • the Alice Nail Pounding Competition[29];
  • the NFBA Nail Pounding Contest[30][31];

Disputes

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In December of 2016, WRB filed suit against a group in Washington state alleging the Hammerschlagen family of trademarks were willfully infringed. The complaint alleges that the group encouraged others to engage in a service similar to the Hammerschlagen entertainment service under a similar trade dress. The group is also accused of promoting their service under the Hammerschlagen trade name. When WRB contacted the Washington group asking them to stop, the group acknowledged the trademark rights of the Hammerschlagen trade name and trade dress were valid and enforceable. When the group agreed to cease and desist their unauthorized use, WRB forgave the infringing activities. However, the group violated their assurances and a lawsuit seeking preliminary and permanent injunctions, attorneys fees, cots, and treble damages followed. The case was later settled.[7]

In December of 2020, WRB filed a suit against a brewery in Minnesota alleging trademark and copyright infringementCite error: A <ref> tag is missing the closing </ref> (see the help page).. The case was resolved in a confidential settlement[32] with Minnesota's federal Chief Judge entering an injunction[33] declaring the trademarks as being valid and enforceable[11][34]. A short time later, WRB filed suit against a Minnesota axe-throwing bar in July 2021 after the bar told WRB the three-dimensional Hammerschlagen Stump was not being used at the bar to offer a nail driving game; despite the bar's denials, WRB's three-dimensional trademark was in use at the bar[10]. The lawsuit was settled after a month of litigation with the bar paying $50,000 to WRB[35], and an injunction entered by the federal court[36]. In both cases, WRB provided the entities an opportunity to use its trademarks prior to filing suit.

References

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  1. ^ US Patent & Trademark Office. Registration #4804117. <http://tsdr.uspto.gov/#caseNumber=4804117&caseType=US_REGISTRATION_NO&searchType=statusSearch>.
  2. ^ a b c Ericson, Randy (29 September 2001). "Autumn sun taps Oktoberfest festivities". lacrossetribune.com. Lacrosse Tribune. Archived from the original on 6 September 2018. Retrieved 9 February 2016.
  3. ^ Darrah, Kelly (3 October 2010). "Fun for the whole family at Oktoberfest Northwest". Seattleite.com. Seattleite. Retrieved 9 February 2016.
  4. ^ a b Sheets, Bill (21 September 2013). "German drinking game joins Monroe Oktoberfest". hearaldnet.com. Herald Net. Retrieved 9 February 2016.
  5. ^ a b "Hammerschlagen". stmarysbrefest.com. St. Mary's Craft Beer Festival. Archived from the original on 19 February 2015. Retrieved 9 February 2016.
  6. ^ a b "Oktoberfest takes over fairgrounds this weekend". ThisWeekNews.com. ThisWeek Community News. 26 September 2012. Archived from the original on 8 November 2012. Retrieved 24 February 2016.
  7. ^ a b c d e f Quinn, Gene (27 December 2016). "Willful trademark infringement alleged after defendant admits infringement, promises to cease". IPWatchdog.com. IP Watchdog. Retrieved 4 January 2017.
  8. ^ a b c d Frillman, Carrie (3 August 2016). "Stillwater's Hammer-Schlagen Pursues Nationwide Franchising to Bring Game to Bars". patch.com. The Patch. Retrieved 4 January 2017.
  9. ^ "Games". RoyalOakBeerfest.com. Royal Oak Beerfest. Archived from the original on 25 December 2013. Retrieved 9 February 2016.
  10. ^ a b Painter, Kristen Leigh (16 July 2021). "A dispute over Hammer-Schlagen in Stillwater zeroes in on quirky game's origin". StarTribune.com. Star Tribune. Archived from the original on 16 July 2021. Retrieved 27 July 2022.
  11. ^ a b Weniger, Deanna (13 March 2021). "Judge says Stillwater's 'Hammer-Schlagen' is an enforceable trademark". TwinCities.com. St. Paul Pioneer Press. Archived from the original on 14 March 2021. Retrieved 27 July 2022.
  12. ^ Horgen, Tom (23 September 2010). "Revving up for Oktoberfest". StarTribune.com. Star Tribune. Retrieved 9 February 2016.
  13. ^ Sarinske, Chrissy (September 2012). "Celebrate Oktoberfest at Gasthaus Bavarian Hunter". MinnesotaMonthly.com. Minnesota Monthly. Retrieved 9 February 2016.
  14. ^ Divine, Mary (4 January 2021). "Stillwater company sues Chaska brewery over unauthorized Hammer-Schlagen games". TwinCities.com. St. Paul Pioneer Press. Archived from the original on 5 January 2021. Retrieved 27 July 2022.
  15. ^ "About Us". Hammerschlagen.com. WRB, Inc. Retrieved 9 February 2016.
  16. ^ Thomas, Dylan (21 December 2020). "Chaska brewpub sued for unauthorized Hammer-Schlagen games". BizJournals.com. Minneapolis/St. Paul Business Journal. Archived from the original on 21 December 2020. Retrieved 27 July 2022.
  17. ^ "Our Brand, Trade Dress". hammerschlagen.com. WRB, Inc. Retrieved 9 February 2016.
  18. ^ "Don't get hammered over Hammer-Schlagen". postbulletin.com. Post Bulletin. 5 January 2017. Archived from the original on 1 August 2019. Retrieved 9 January 2016.
  19. ^ "Falcon Flight Path". falconflightpath.blogspot.com. 29 January 2014. Archived from the original on 10 February 2016. Retrieved 9 February 2016.
  20. ^ Lindsay, Britt (1 November 2000). "Dead Games". CityPages.com. CityPages. Archived from the original on 13 January 2016. Retrieved 9 February 2016.
  21. ^ "Totally dominated Gastof's Hammer Schlagen in two... | 29nSNGL*". 29nsngl.com. 29nsngl.com. 30 September 2011. Archived from the original on 21 May 2014. Retrieved 9 February 2016.
  22. ^ "Get Nailed! Hammerschlagen!". vine.co. Vine. 28 June 2013. Retrieved 9 February 2016.
  23. ^ KRFORadio (12 August 2014). "Watch the 2014 Ladies Nail Driving Contest". youtube.com. YouTube. Retrieved 9 February 2016.
  24. ^ Lull, James. "James Lull - Online". jameslull.com. James Lull. Retrieved 9 February 2016.
  25. ^ "Sqrft girls win division championship at HIC nail-driving competition". sqrft.net. Squarefoot Tradesmen. 20 August 2010. Retrieved 9 February 2016.
  26. ^ "Special Events, Berlin Fair". ctberlinfair.com. Berlin Lions Club. Retrieved 9 February 2016.
  27. ^ Mayer, Robert (4 October 2012). "Things you need to know about the Berlin Fair". patch.com. Berlin Patch. Retrieved 9 February 2016.
  28. ^ "(No Title)". applepopcornfestival.com. Apple Popcorn Festival. Retrieved 9 February 2016.
  29. ^ lindachuan (9 June 2012). "Alice Pounding Nail Competition". youtube.com. YouTube. Retrieved 9 February 2016.
  30. ^ Hansen Buildings Channel (5 March 2012). "2012 NFBA Nail Pounding Contest". youtube.com. YouTube. Retrieved 9 February 2016.
  31. ^ Maze Nailes (12 March 2015). "2015 NFBA nail pounding competition". youtube.com. YouTube. Retrieved 9 February 2016.
  32. ^ "Hammer-Schlagen Owners Win Legal Battle with Chaska Brewery". KS95.com. KS95. 15 March 2021. Archived from the original on 26 July 2021. Retrieved 27 July 2022.
  33. ^ WRB v. Schram Haus (1 March 2021). "Permanent Injunction" (PDF). United States District Court Of Minnesota: 0:20-cv-02521-JRT-TNL. Retrieved 27 July 2022.
  34. ^ Turtinen, Melissa (15 March 2021). "Hammer-Schlagen owners settle with brewery in stump trademark lawsuit". BringMeTheNews.com. Bring Me The News. Archived from the original on 15 March 2021. Retrieved 27 July 2022.
  35. ^ Turtinen, Melissa (16 August 2021). "Hammer-Schlagen owners settle with Stillwater bar over trademark lawsuit". BringMeTheNews.com. Bring Me The News. Archived from the original on 16 August 2021. Retrieved 27 July 2022.
  36. ^ WRB v. Lumberjack Co (12 August 2021). "Order For Permanent Injunction" (PDF). United States District Court Of Minnesota: 0:21-cv-01599-SRN-HB. Retrieved 27 July 2022.
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