bartshan-83 Posted December 1, 2010 Posted December 1, 2010 “If they systematically don’t protect their rights, then down the road someone who does really want to rip them off could theoretically have a defense,” said Marty Brochstein, senior vice president of the International Licensing Industry Merchandisers’ Association. “They could say, ’Well, if you didn’t protect the mark then, why are you protecting it now?’” This is the reason. A lot of trademark protection stories can seem petty and overbearing at first glance. But unfortunately, it is a strong legal principle that you need to take affirmative steps to protect your mark. You don't have the luxury of being flexible when deciding who and who not to sue. Any evidence of cutting someone a break could be used by a legitimate infringer to defend their case. It's pretty rigid, but it's the rules of the game right now.
BuffaloBud Posted December 1, 2010 Posted December 1, 2010 There are a lot of schools here in Ohio that pattern their helmet design after Ohio State and Michigan. Does that fall in the same vein as a logo?
Tortured Soul Posted December 1, 2010 Posted December 1, 2010 This is the reason. A lot of trademark protection stories can seem petty and overbearing at first glance. But unfortunately, it is a strong legal principle that you need to take affirmative steps to protect your mark. You don't have the luxury of being flexible when deciding who and who not to sue. Any evidence of cutting someone a break could be used by a legitimate infringer to defend their case. It's pretty rigid, but it's the rules of the game right now. I haven't taken IP Law yet, but it would seem that as long as there is a licensing agreement (say, for a nominal fee), that would be enough to protect their rights from a public domain argument. I guess even that may be too much for high schools, though.
bbb Posted December 1, 2010 Posted December 1, 2010 St. Francis HS's unis looks just like the SF 49ers. I always wondered if there was any infringement issues there.
PromoTheRobot Posted December 1, 2010 Posted December 1, 2010 (edited) I think Ralph Wilson gave Howard U permission for this. http://www.howard-bison.com/images/logo.jpg?max_width=450 PTR Edited December 1, 2010 by PromoTheRobot
zow2 Posted December 1, 2010 Posted December 1, 2010 I think Ralph Wilson gave Howard U permission for this. http://www.howard-bison.com/images/logo.jpg?max_width=450 PTR Yes- and Howard U plays like the Bills too... (well, up until the past few games anyways!) Bucknell used to wear the Bills logo as well but they changed it up a few years ago.
Beerball Posted December 1, 2010 Author Posted December 1, 2010 How about something like this: link vs. this Different mascots, but the same 'G'.
shrader Posted December 1, 2010 Posted December 1, 2010 (edited) How about something like this: link vs. this Different mascots, but the same 'G'. I have no idea who used it first, but they're both just a color swap of the Packers' logo. So add another layer to the possibilities in a situation like that. Anyway, I don't think I have much of a problem with this at all. If they had tried to get money out of it, then it would be a completely different story. Edited December 1, 2010 by shrader
boyst Posted December 1, 2010 Posted December 1, 2010 Wonder what this will do in the case of Sylvania Southview who purchases old Bowling Green State Univ. equipment?
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