Logo hell: Could MU be next?

[NYWarrior]

heheh

If Penn State will move towards legal action against an elementary school.......what's to stop Southern Miss from trying to reclaim it's rightful bird logo!

http://deadspin.com/sports/secondhand-lions/penn-state-will-sue-your-elementary-school-back-to-the-stone-age-304778.php

??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ??? ???

(sarcasm off)

[muhoosier260]

wow

[ZiggysFryBoy]

bucky did the same thing to a school in iowa.

[muwarrior87]

My middle school's mascot was bucky the badger as well, but it was not the straight Madison badger on the school's logos, It was smiling instead of making that pissed off face as to avoid a lawsuit i'm guessing

[muhoosier260]

i just can't believe this actually happened. how self absorbed do you have to be, in order to pull something like this? who cares? its an elementary school. as the article pointed out so sarcastically but efficiently, we wouldn't want the elementary schools shaving off some of the PSU revenue.

[PuertoRicanNightmare]

Doesn't one of the Delaware Div 1-AA schools have the same helmets as Michigan?

This is ridiculous. I refuse to believe that Penn St. as an institution knew about this. I'll bet it was some lawyer trying to justify his job that went on this witch hunt.

[romey]

My sons' high school logo here in Atlanta area is the exact logo of the Kansas State Wildcats - same color as well.

[77ncaachamps]

Isn't the use of the collegiate logo a form of recruitment and promotion for the university?

In that case, doesn't it make sense if Marquette had a stealthy plan to select elementary, middle, and high schools in certain bkb hot beds and grant them use of the MU "Golden Eagle" Logo?

I mean, look at Shumpert. Wasn't he impressed by his school's colors?

Can you IMAGINE the POWER of the EAGLE?!?

/sarcasm off

[bma725]

Doesn't one of the Delaware Div 1-AA schools have the same helmets as Michigan?

This is ridiculous. I refuse to believe that Penn St. as an institution knew about this. I'll bet it was some lawyer trying to justify his job that went on this witch hunt.

You may not believe it, but they were set off by Wisconsin and now other schools all over the country have people looking into it.  In February Wisconsin sent letters to 16 schools across the country about the use of the "Motion W" because they are required to do so by law.

One of the lawyers can explain it better than me, but  when Wisconsin started doing it, they explained that they were required to because once you trademark something, you are required to supervise and authorize all of its use, and if you don't you can lose the trademark.  So you have to go out and find anyone who is using it without your permission and either get it to stop, or you can lose the trademark.

[The Lens]

Didn't the Packers steal Georgia's "G"?

[Avenue Commons]

My sons' high school logo here in Atlanta area is the exact logo of the Kansas State Wildcats - same color as well.

How many high schools have the same "G" as the Green Bay Packers? I live in Illinois and I've seen a bunch. This is beyond silly. It'd be one thing if it was a pro team or another college team that played nationally, but an elementary school? Ridiculous.

[Coach Norman Dale]

At the risk of telling you way more than you want to really know about this topic, in the past I was involved in many facets of sports licensing -- licensing agent, licensor, licensee and consultant -- and co-developed a licensing trademark enforcement program that was adopted and used (and may still be in use for all I know) by the United States Olympic Committee.  I also still do some trademark work for several corporations. 

bma725 is correct, it is essentially a defend it or risk losing it situation.  It is also BIG business, so a "what's the big deal if another school, even an elementary school, uses it" attitude is ill-advised on the part of the trademark holder.

Penn State no doubt has a lot of money tied up in the development and promotion of its mark.  It also has a huge financial stake in protecting it, i.e., "preventing it from becoming diluted".   It also has a contractual obligation with the licensing company Collegiate Licensing Company which requires it defend the trademark.

See "Notes of Interest at:

http://www.clc.com/clcweb/publishing.nsf/Content/Rankings+Annual+Release+2007

for info on Marquette's advancement in the rankings of licensed products sales.

A lot of times these cases are brought simply to show that they are enforcing the mark and a small or elementary school is easy pickings -- they will cave quickly, so it will show active enforcement efforts.  Also, establishing a precedent in a particular legal jurisdiction may often also be a substantial consideration.

Interestingly, Notre Dame (another CLC client) recently took on Cathedral High School in Indianapolis -- a school that sends a lot of grads to ND and, which, I believe used to be run by the same order of priests as ND [but now I am told is separate and run by laymen] -- about the use of the "Fighting Leprachaun" logo.  A similar deal as the PSU/elementary school compromise was worked out -- no sales using the logo, but Cathedral could continue its use for certain things.  [I would imagine the ND/Cathedral case was a jurisdiction-driven matter being in Indiana, ...]

As for the "G" in Green Bay, that is another story all together.  I believe that logo was used, unlicensed, for so long by so many -- UGA, Grambling, the Pack, etc. -- that it could not be licensed by itself.  Now combine it with the words "Green Bay" and/or "Packers" and that is a different story.   

[Coach Norman Dale]

My middle school's mascot was bucky the badger as well, but it was not the straight Madison badger on the school's logos, It was smiling instead of making that pissed off face as to avoid a lawsuit i'm guessing

The addition of a smile is not enough to protect against a lawsuit if the logo could be found to be "confusingly similar".  So, more likely, they are not aware of the use, not needing to show enforcement at this time or in that general locale, ...

[ZiggysFryBoy]

good stuff, Coach Norman!

[Coach Norman Dale]

Thanks, Ziggy.  But I am kicking myself right now -- I forgot to mention the forests of trees killed by the never-ending blizzard of cease and desist letters!

[IAmMarquette]

Didn't the Packers steal Georgia's "G"?

The "G" is trademarked by the Packers. Georgia uses it, as does Grambling, I believe.

[bma725]

Didn't the Packers steal Georgia's "G"?

The "G" is trademarked by the Packers. Georgia uses it, as does Grambling, I believe.

Correct.  Green Bay trademarked it in 1961 and allowed Georgia to start using it in 1964.  Grambling uses it not just because of their name, but because Willie Davis the former Packer Hall of Famer is a Grambling alum.  They actually wanted to change it about two years ago but there was a fan uproar so they didn't. 

The logos aren't exactly the same. While the G is the same, both Grambling and Georgia have an extra ring around the G that Green Bay doesn't have.

[Coach Norman Dale]

You guys are right about the Packers owning that stylized G.  Thanks for the correction.  I guess I should have researched it before speculating based on similar matters.  Good work. 

[The Man in Gold]

Barry Alvarez and the UW army threatened my high school (Oshkosh West) with the same lawsuit over the "Motion W" despite our logo being creativity unique.  (Mirror imaging it, and dropping the middle point)  No Luck.  The administration caved real quick.

[TVDirector]

phew... I'm glad you said logo---
thought they were suing over someone copying their stylish white football helmets with that snazzy single blue stripe.