OT: UConn vs Morgan School (Husky Logo) | Page 2 | The Boneyard

OT: UConn vs Morgan School (Husky Logo)

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I thought most high schools used college or professional logos and it was not big deal. I've seen several high schools with Eagles wings and Viking horns on their helmets, and I doubt they're paying royalties (although I have no idea really). Dover High School near me uses the Clemson paw print for their logo, and their main color is even orange. Mountain Lakes HS near me uses the Buffalo Bills logo with an orange background instead of red. I don't see the point in this.

For the most part, such usages are still technically trademark violations*. They probably escape notice by virtue of being very obscure, and it could potentially be the case that, should a trademark case like that be brought to trial, the judge would rule "There's no way, given the geographic insularity, that the two teams could be confused for one another. The teams are allowed to maintain the marks, but must make efforts to distinguish them from each other". And as far as the team pursuing the infringement claim is concerned, that was *EXACTLY* as planned. Now there's something they can point to in order to say, "Yes, we have defended our mark", should they pursue a case against a different team.

So the thing about these instances you cite is that such actually could serve to hamper a team's trademark defense in a later case. For instance, if another school used the Clemson paw print and colors, and Clemson sued them for infringement, the defense could point to the logo of Dover High School that you mention (or potentially countless others) as evidence that Clemson has not defended their trademark, and Clemson could lose exclusive rights to it. Which means that *Clemson* is the one that would need to change their logo if they wanted to keep an exclusive mark. They wouldn't be restrained from using the "pawprint", of course; you can't stop anyone from using a genericized trademark. But if they wanted to have something that means "Clemson and ONLY Clemson", they'd need something else.

It's one of the reasons why professional teams are apt to change logos with some regularity (apart from the obvious reason of "we want more money from merchandise); the new mark will be put into the system and registered, and there's now a point in time where they say "This is how long we have used this trademarked logo", which is a key thing in trademark suits.

*Although the helmets may not; there may be something established that says "there's only so many ways you can put horns on a helmet", for instance.
 
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Mattp, are you in South Carolina? that would make a difference it seems to me, too. If Dover is Dover New Hampshire, that would be factored in I think. If it's Dover South Carolina, that might be different and who knows. A lot of this stuff has just begun to surface in recent years, too before there was big money in team logos and such. 20 years ago, nobody particularly cared or paid attention to these things. You saw a logo you liked, and you used it. No big deal. Now, with licensing agreements, and all the rest, there is less tolerance for this illicit sharing.
 
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Princeton should sue Michigan for that helmet design. Direct rip-off.
 
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Princeton should sue Michigan for that helmet design. Direct rip-off.

That would not be a lawsuit Princeton could win, if for no other reason than there's photographic proof of teams using the design prior to Princeton's in 1935 (and surely Michigan's defense would be aided by the fact that from 1938-1998, Princeton did not use the design, as well as the fact that it was adopted by the University of Delaware in 1951), including at least one using the now-distinctive "three-stripe" design.
 
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I'm in New Jersey so I guess it is a bit different than in the same state. those were good explanations for why it makes sense to do that they did.
 
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Good thing this amounts to UConn's biggest problem. Hopefully they don't find out that there is a team in Alaska called the Yukon Huskies, especially one that can score points on offense. Might have to put them on the schedule instead of . . . oh . . . Buffalo.
 
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You aren't a graduate of Morgan High School. You are a graduate of The Morgan School

Thanks for the correction there, Slick. I'm fairly sure that in Clinton it is simply referred to as "Morgan", and it is a high school. I'm aware of both the school I attended and what the diploma reads. I don't think anyone was confused by the wording I used.
 
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