UND spokesman unaware of any compensation agreements with NODAK LLC, a trademark owned by coach's daughter

Joe Banish, Grand Forks Herald
·2 min read
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Dec. 1—GRAND FORKS — UND's spokesman says he is unaware of any compensation agreements between the university and Brianna Berry, the daughter of UND hockey coach Brad Berry, who filed for a trademark for the word "NODAK" as the registered agent of NODAK LLC.

According to David Dodds, the university's communications director, the aforementioned parties are working together to reach an agreement on the matter, and the university will apprise the public when such an agreement is reached.

"I'm not aware of any agreement where UND is compensating NODAK for the use of its trademark," Dodds said. "The parties involved are working on an agreement, and we will update the campus community when that occurs."

As previously

reported by Forum Communications columnist Rob Port

, NODAK LLC is a trademark registered by the U.S. Patent and Trademark Office in Hennepin County, Minnesota, with Brianna Berry listed as the entity's registered agent. UND hockey first unveiled jerseys with the words "NODAK" across the front during a game in November 2021, and has used them on an occasional basis since, most notably at the 2022 U.S. Hockey Hall of Fame game in Las Vegas, when the Fighting Hawks took on the Arizona State Sun Devils.

The status of Brianna Berry as registered agent of NODAK LLC, has raised questions about the potential for conflicts of interest, given the ambiguity surrounding her relationship with the university and its use of the trademark.

Coach Brad Berry is the sole decision-maker over which jerseys his team wears.

This is not the first time UND has been involved with the NODAK trademark. The university filed for a trademark in 2015 to secure ownership of the plural nickname "NODAKS," following the retirement of the controversial "Fighting Sioux" nickname that year.

According to a stipulation of the North Dakota University System's policy 308.4, Berry's status as a public employee requires him and his immediate family members to "remain free from the influence of, or appearance of, any conflicting interest when acting on behalf of the SBHE, NDUS or any institution."