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NASCAR star goes after ‘Mr. Boogity’

Nicholson’s use of the ‘boogity’ word has cost him $8,000


 

090915_boogity_tmbIn 2001, Randy Nicholson, a former motel handyman in Woodstock, N.B., and a devoted racing fan, opened a NASCAR memorabilia shop. He eventually decided to call it Boogity Sportswear after the phrase, “Boogity, boogity, boogity, let’s go racin’, boys,” coined by former American NASCAR champion and TV commentator Darrell Waltrip. For years the store did well; but not long ago, Nicholson received a legal document entitled, of all things, “Darrell Lee Waltrip vs. Randy C. Nicholson.” It was, he says, the opening jab in a highly uneven boxing match. “He had gloves,” Nicholson says, a little ruefully. “I didn’t.”

Sent by an Ottawa law firm representing Waltrip, the letter said Nicholson had infringed upon the race-car driver’s registered Canadian trademark—“boogity”—and gave him until Sept. 8 to scrub all mention of the word from his operations. Waltrip’s lawyer, Scott Miller of MBM Intellectual Property Law, describes the basic premise of Waltrip’s complaint as, “Hey listen, the only reason this guy even started his store in association with ‘boogity’ is because of me.”

Nicholson, known locally as “Mr. Boogity,” was “a little upset” when told it could cost a minimum $150,000 to fight (complying with the letter has already lost him $8,000). Instead, he mounted a media campaign, calling his local radio station and then uttering a few intemperate words about Waltrip to a reporter: “The one comment I wish I had back was when I said, ‘If I had him in front of me I’d cut his windpipe off.’ I regret that.”

Yet the irony of Waltrip, a blue-collar icon, using his deep pockets against a rural store owner isn’t lost on Nicholson. “Without the country folk, NASCAR wouldn’t be where it is today,” he says. “You don’t see the three-piece-suit-and-tie guy at the race. It’s the blue-collar guy.” Ditto with “boogity,” he says: “It’s not in the dictionary. I don’t even know if it’s a word. I call it a redneck word.” Were Nicholson to fight, however, Waltrip “would get his wish. Because he’d put me out of business. And I think he knows that.”


 
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NASCAR star goes after ‘Mr. Boogity’

  1. Ahh NASCAR…the sport of the common man.

  2. Any legal experts around care to explain to me how Waltrip's power trip isn't doomed to fail if it ever gets to court? It seems likely to succeed only because of the pathetic chill of a lawyer's letter. Which has to be one of the worst reasons anywhere to enjoy success.

    If my gut instinct is correct and this is indeed an appalling abuse of a lawyer's professionalism, can't the Law Society get on the shark in question?

    Anyone?

    • Realistically, unless somebody helps him pro bono, he's doomed. How would he get to court and argue his case? He's not eloquent like you, MYL, he's an ordinary guy.

      This kind of thing is typical of a justice system based on buying justice with money; the more you pay, the more justice you get. We could solve that problem, but not in time to help Mr. Nicholson.

  3. Wierd. The page says there are three comments. The page only shows two. Refresh-refresh-refresh and… nada. Sigh.

    • One was mine, 'tis gone, alas. It made a brilliant point, however.

  4. If Waltrip coined the phrase, one could perhaps argue that he has the rights to it, and used it on air, repeatedly is it copyrighted? That's the legal question.

  5. Darryl:
    How low and cheap can you go??? Randy Nicholson has done nothing but support and promote your name. You are a millionaire and he is running small business in New Brunswick?? Hello?? Furthermore, boogity dates back to an early rock song from the 50’s..how can it be yours?? You owe Randy over $8000.00 for your cheap and petty behavior..
    Pay up !!!

  6. Waltrip is the new Paris Hilton?
    I used to really admire this guy. He seemed like a very down to earth guy who remembered WHERE HE CAME FROM! I can still remember seeing him with the fans and really liking how he treated THEM! Now, I realize he was just pretending to be a nice person.
    Maybe Macleans should find out exactly WHEN Waltrip trademarked the word Boogity in Canada. If it's well after the opening date of the store, they could help Randy Nicholson fight back! In fact, we all should and send the message that American's can't come here and intimidate us!

  7. Ray Stevens' use of "Bogity Boogity" in The Streak predates any Waltrip usage I know of . . . . Did Ray sue Darrell?

  8. My first thought on reading this article was ' shouldn't Ray Stevens be suing Waltrip for using HIS " boogity " .' I suspect his song " The Streak " was copyrighted first. Do unto others – indeed.

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