User:Jim at WRB/Hammerschlagen

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

History
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."

Though mistakenly thought to have originated in 1800's Germany, Hammerschlagen was founded in Stillwater, Minnesota and created by Carl Schoene , who immigrated from Germany to the United States in 1957 with his family. At the restaurant his family opened, the Gasthaus Bavarian Hunter, 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. His father-in-law, Mike Wlaschin, 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. 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. In 2016, WRB began offering franchises after nearly two years of regulatory preparation.

The Game & Rules


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. 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.

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. The winner is then rewarded with a prize like a glove, bell , or other trinket.

Competitors
Other providers of like nail driving entertainment services include:

 the Steele County Fair Womens' Nail-Pounding Contenst ; the HIC Nail Driving Competition ; the Berlin Fair Nail Driving Contenst ; and the Apple Popcorn Festival Nail Driving Competition . the Alice Nail Pounding Competition ; the NFBA Nail Pounding Contest ; 

Disputes
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.

In December of 2020, WRB filed a suit against a brewery in Minnesota alleging trademark and copyright infringement. The lawsuit was settled after a month of litigation with the bar paying $50,000 to WRB, and an injunction entered by the federal court. In both cases, WRB provided the entities an opportunity to use its trademarks prior to filing suit.