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Toronto Blue Jays suing Creighton Bluejays to stop using new logo


BrianLion

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Creighton's has so much more depth and a wider range of colors, but on Creighton's, the notches on the neck and eye brow are coincidentally located in the exact same spot as Toronto's. To those saying there are only so many ways to render a blue jay, they could have taken more artistic liberty. One easy way to differentiate an animal head logo is in the neck area where you can cut it off in countless ways and angles. In that sense, Creighton didn't differentiate as well as they could have, but really Toronto has little to gripe about here. These are still very different and only a non-MLB fan would get confused.

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Why are folks only comparing Creighton's logo to Toronto's current Blue Jay logo? Toronto still owns TM rights in their previous logos, and just because they're not using their old marks in their standard game unis doesn't mean that they can't enforce their rights on those marks.

Frankly, Creighton's bird looks a lot like Toronto's '99 cap logo as well.

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There was a case a while ago that we discussed here on the boards; Iowa sued some other school that had a yellow bird logo, and Iowa won even though I thought they looked about as different as two yellow birds could possibly look. Based on that precedent and the fact that I kinda see it in this case, I think Creighton's screwed.

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Toronto will probably win. There is some precedence in the USPTO nullifying the trademark for Southern Miss's eagle head logo being too similar to Iowa's hawkeye logo. All it will likely mean is that Creighton won't be able to trademark that specific head logo on merchandise without a qualifying "CREIGHTON" wordmark or even a "C".


There was a case a while ago that we discussed here on the boards; Iowa sued some other school that had a yellow bird logo, and Iowa won even though I thought they looked about as different as two yellow birds could possibly look. Based on that precedent and the fact that I kinda see it in this case, I think Creighton's screwed.

Great minds think alike!

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Time for Akron to sue Northwestern for flipping their "Z" logo sideways to form an "N" that looks nothing like it. Also time for Michigan to sue Nebraska for taking their "M" and taking off a line to form an "N". Don't even get me started on Oregon vs Miami (Fl), I mean, completely uncanny. I can kinda see where Toronto is coming from, but come on, you're suing a college almost a year after they unveiled a new logo? It's a bluejay. Get over it.

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Like I said, I get where Toronto is coming from. But some of those are just bluejay features. If they're bugged by the number of notches and their placements, then I could see how that could relate to their logo and how they could see that as stealing their design. One problem I have is (which I guess I don't completely understand the situation) is why now? Why not 10 months ago? I don't want someone to take a swing at me or anything, but if I'm missing something then fill me in.

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It could very well be that they weren't aware of it. I'm not sure that a small and relatively unknown american college's logo would be in the face of a Canadian team's offices very often. FWIW, while this may simply be a formality, if they decide to press the issue, I do see a case here.

"The views expressed here are mine and do not reflect the official opinion of my employer or the organization through which the Internet was accessed."

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To those saying "Well they look similar because of this and that and whatnot" Of course they do, they are both logos of a Blue Jay side profile.

And that is why Toronto will likely win.

The funny thing is that Creighton's looks like the missing link during the Blue Jays' 'dark years' (black jerseys). It looks more like the Jays than their own branding! Which really goes to show how bad that J logo is.

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And that is why Toronto will likely win.
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That's part of it. Toronto doesnt have to prove that Creighton "ripped them off" and designed their logo with Toronto's in mind, they just have to show that they're similar enough that you could possibly confuse the average person.

That mindset of the average person will be practically impossible for most of us here to comprehend as most of us have such a refined sense of looking for detail on these things.

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So how does Creighton make a blue jay logo that will not get them sued? It seems to me that you can make the case that the logos will be similar no matter how you make the jay.

1) Design almost any blue jay from a straight-ahead or 3/4 profile.

2) Design a side-profile blue jay that is instantly recognizable (to the untrained eye) as not Toronto's blue jay. But like others have said, Toronto's rendition is almost dead-on what an actual blue jay looks like, so Creighton would either have to take liberties with the anatomy to create the required obvious differentiation (longer beak, different markings, etc...) or create a full-body blue jay design (something that Toronto has never used) and show more of the neck/body when you use the head-only mark.

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So how does Creighton make a blue jay logo that will not get them sued? It seems to me that you can make the case that the logos will be similar no matter how you make the jay.

Don't use the same colors in the same exact spots, from the same perspective, with the same zig-zag feather cut-outs in the same regions. There are a whole bunch of similarities, to the point that it looks like a logo someone on this board might have made circa 2011 to "update" the classic Toronto logo.

It's so similar that it's almost like someone is looking at the Toronto logo, and describing it to someone who is drawing what he's told. A game of logo "telephone," if you will. Not close to identical, but a whole lot of similarities.

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