IT’S NOT ALL FUN AND GAMES MAKING BAGS
If you are new to this game, let this article serve as a warning. If you continue to play and to have fun, you WILL become addicted. It sneaks up on you. One day you find yourself browsing your phone, perhaps on the Facebook app, and come across a set of nice looking bags that seem like they would be a good fit for your game. The next thing you know, you’re having bags shipped to work or a buddies house so your significant other doesn’t find out. You force your kids to pack their lunch because Ultra has a limited release going on Sunday or someone is offering up a set of Cats for only $300 and God Damnit….Every…. Penny…. Counts. Before long, bag makers will have to put a message on their packaging, warning buyers that this may be addictive and harmful for your health.
As it stands now, no warnings are needed, yet bag manufacturers had to make the decision if they wanted to participate in the American Cornhole League’s licensing (stamp) agreement. Recent information would tell us that not all bag manufacturers are playing by the rules. With all of that being said, let’s take a look at the most recent “bag market” news…
Word on the Street
The Cornhole Facebook world was electric the other night when Josh Holland subtly announced he would be looking for a new bag sponsor. What’s the big deal? Well, you see, Josh is one of the best players in the country and was sponsored by one of the more, for lack of better terms, polarizing bag companies in the game, Cornhole Scenario (CS). Josh was their golden child. I witnessed this first hand at the ACL World Championships. I, cleverly might I add, posted a comment on Mr. Holland’s Facebook post wishing him a “Happy National Cat day.” Apparently he didn’t find it funny…because the comment was deleted. So obviously something was up!!!
I immediately started to speculate that perhaps CS didn’t have the funds to support a player of Holland’s caliber. Their group of, let’s call them, “Special friends” was ousted publicly on a Facebook forum. Cornhole Scenario was using this group of “high rollers” to “raise funds for their pro players.” If that group no longer exists (eye roll emoji), then maybe they don’t have the cash up front. Or could it have to do with the ACL announcing they will be cracking down on the “30 day” rule???
As it stands now, Cornhole Scenario is 10 months behind…10 freaking months. You could order a Tesla and get it faster than a set of new CS bags. It’s crazy. The combination of slow turnaround times and their group of super special friends getting bags first , despite people waiting for a product that they ordered 10 damn months ago, probably doesn’t sit well with the ACL, who is all about image these days. Yet apparently, Cornhole Scenario isn’t the only bag company in proverbial “hot water”.
Recently sent out to all ACL licensed Bag Manufactures was information, detailing several “issues that require immediate attention.” These issues range from abuse of 3rd party intellectual property (copyright infringement), underreporting initial company earnings in audits, specific cases of illegal activity through auctions/raffles and (most interestingly) a potential violation of the non-disparagement clause in the licensing agreement.
3rd Party Intellectual Property
This has been a potential big time issue for quite some time. In the “wild west days” of cornhole, as the bag market was exploding, custom bags were all the rage. It wasn’t uncommon to see trademarked images slapped on bags without question. When the ACL decided to step into the bag world I had assumed this would be a top priority for them to address. It seems harmless enough right? What’s the big deal if I want to put my kid’s favorite Disney character on a bag for them? Well Disney might have a say in that. When it comes down to it, it will be up to the bag manufacturers to put their foot down and refuse to produce bags that may be in question. This really shouldn’t be that hard…
Five Initial Audits
The ACL had initially selected 5 bag manufacturers to undergo an audit. According to sources, all 5 companies had underreported and claimed their reports to be less than 100% accurate. It is important to note that they did remark “most were only marginal issues” and the two sides were able to work through the discrepancies without further issue. The tone of the message is clear...Licensed ACL Bag Manufacturers need to have their ducks in a row…more audits are coming and future discrepancies could result in the loss of that manufacturers license.
Illegal Raffles/Auctions
If you are reading this, there is a good chance you are a cornhole junkie and have bought/sold bags on a Facebook forum. If this is the case, you certainly have seen the 10000000 raffles that occur every freaking day. I am not against raffles; to each their own. I am against bag manufactures playing a part in this raffle game. As one memo eloquently states, “ it is an extremely unprofessional look, if not illegal, for our bag manufacturers and players to not be following appropriate legal and ethical business practices.” According to the document, the ACL has collected specific cases of illegal activity thus far and are asking for continued cooperation from the bag manufactures to report any future violations. To me, this sounds like, “don’t have a group of super-secret friends, many who are rafflers, who buy bags in a private group chat.” But I could be wrong….
Violating the non-disparagement clause
This is, to me at least, the most interesting part of the entire “memo” sent out. According to this document, a non-licensed individual/group of individuals (doesn’t specifically state) started a Facebook group in an effort to form a type of “union against the ACL”. The interesting part? Many, currently licensed bag makers, had joined or at the very least previewed the group. The most interesting part? The ACL apparently has proof (to what extent I can’t say yet) of who was part of the group and the communications between the licensed and non-licensed individuals.
Talk about biting the hand of the one who feeds you! I have been trying to make sense of this since I have read it. And have so many questions! Why on earth would you pay thousands of dollars to get the license, only to join a group who, in a pathetic attempt, was trying to form a union against the ACL??? What exactly was going to come of this? Did they honestly believe the ACL wouldn’t find out? What was the name of the group (I secretly hope it would be named something amazing like, “The We Love the ACL and nothing bad is ever discussed here group”)? Seriously though…I could think of so many different ways to conduct “secret” conversations then making a freaking Facebook page.
If the individuals involved in this “group” want to keep their ACL license, they simply must, for lack of better terms…kiss the ring. They must provide any and all communications they had within this group related to the recruitment process AND they must send a note to Mr. Keck describing exactly why they got involved in this mess in the first place. Now I am sure there are a good number of these licensed bag makers who joined a group and honestly had zero idea what it was about. Perhaps they were sent an invite and just clicked accept (how many times have we all done this??). But for those who didn’t…I would love to hear their rationale (if you willing to share you can hit me up on Facebook…shameless plug?). When I reached out for further comments, a member of the ACL stated they, “cannot comment on an active investigation.” However, they did confirm there is an active investigation ongoing. One member, who is suspected to have started this private Facebook group, declined to comment at this time.
Why does it all matter?
Well the ACL is taking over the cornhole game whether you like it or not. They have become the governing body for a large majority of us who play the game. They require stamps to be put on their products for them to be eligible for use in their sanctioned tournaments and in doing so are letting the consumers know that going forward they will be policing issues. From the sounds of it, come January 1st, the list of approved Bag makers might be a bit (or a lot) smaller. If these popular bag companies are no longer eligible….their bags will be WORTHLESS to many of us. I love myself a good Cat bag…I am man enough to admit that their fill drives me wild. But if I can’t throw them in ACL events (mainly what I play these days), doesn’t make sense to purchase them any longer. “But Sean, what about 724 bags?? They aren’t stamped.” Settle down Karen….724 bags created an army of loyal followers (myself included) not only because the bags are great, but the man behind the product is great and stands for what should be important in the game…family and friends (Now if I could only get Mr. Nash on our freaking show…seriously can we start a petition???)
Anyways…I didn’t really know where I was going with this article. I didn’t want to come straight out and report the “latest news” stuff because it is still up in the air.. Who knows? Maybe they will all pull through and all will be forgiven and we will see their bags on televised broadcasts for many seasons to come.
Thanks for reading!
As always, I hope you throw them straight and its nothing but four baggers from here on out! Cheers
