Trademark infrigment?

[HatManTC]

GatorsVsBuckeyes.com got a C&D order from the CLC staying that it was trademark infringement and they had to stop selling these shirts.

there entire story.

[CC97]

Yup, that's trademark infringement.

Now if they weren't using Florida's colour scheme they'd probably get away with it.

[Mingjai]

Yup, that's trademark infringement.

Now if they weren't using Florida's colour scheme they'd probably get away with it.

Yeah, what he said.

[rmered]

Surely he is getting people to but his shirts based on the link between UF and what is on the shirts.

Therefore, the value in them comes from the link to UF.

And therefore he owes them for the link.

As for the letter he would have written, they have no obligation to do that.

Yes, it might have even made more business sense to be nice to people, but they don't have to be.

It might well be that they don't want backyard operators associated with their brand.

[Patsfan99]

having read all of the stuff, sounds to me like a college kid who didn't like getting caught . whether or not he knew what he was doing was wrong doesn't matter. ignorance is no excuse in any court. The CLC's sole responsibility is to protect the value of various universities' trademarks and logos. their letter wasn't arrogant or offensive, but was firm and meant to convey the seriousness of what was going on. tons of companies pay good money for the licensing right, why should he just get a slap on the wrist just cause he can plead ignorance (which you can't actually prove)?

the idea that they should have sent a jovial friendly letter is ridiculous. they're not in buisness to make friends. besides, they have no idea of his intent when they send the letter. for all they know, he's trying to make a quick buck and knows he's stealing, which is what he's doing. people get C&D's all the time... sometimes they know it's coming, sometimes they don't. and I'm sure the kid didn't have ill intentions. but to try to mount a crusade to say what an evil corporation the CLC is comes off as petulant and ill-informed in my opinion.

plus, the main distinction between what he was doing and what the other buisnesses in town do with the colors and logo is he was actually selling goods using the logo and colors as the sole value of the item. a Gator Liquors store selling Absolut probably won't have any problems. A Gator Liquors store selling a blue tonic called Gator Juice with an orange and blue label will. I design t-shirts for a living and know that they are held to a different standard when it comes to copyright and trademark. the art and adornment are what sell the shirt, unless it's blank. thus, you have to make sure that you have all the rights necessary to sell that shirt, cause it's pretty hard to prove that you're not making money off whatever art is involved.

sorry to rant. the kid's site just kind of annoyed me. cheers.

[Gothamite]

Me, too.

Hard to feel sorry for a whingy loser who rails against the unfair system that prevents him from making money from the trademarks of others....

[ElwoodCuse]

Pretty good example of "secondary meaning" right here. The colors blue and orange along with "Gator" certainly would lead the average sports fan to think UF.

[Tomcat7742]

Just curious but could they also make him remove his Buckeye shirts? Is there some form of atleast probable cause that they could get him on?

I wonder if places like the CLC investigate people on eBay for their counterfeit clothing? I'm sure they (would) have a field day there.

[gojetsgo]

If he had stuck with his first idea of a t-shirt that said "KILL BABIES. ESPECIALLY THE UGLY ONES", he may have made more money.

[BadSeed84]

He should so something to get around it, like "I'm a g8r"

[whitedawg22]

There was a great article in the NY Times this week about trademark infringement based on commonly used school colors and slogans. According to this, a piece of apparel that uses school colors and is obviously intended to capitalize on them can be considered off-limits:

"Consider a shirt in scarlet and gray, the colors of Ohio State University, with the phrase ?Got Seven?? on the front and, on the back, ?We do! 7 Time National Champs.? Last summer, a federal court found the shirt?s maker, Smack Apparel, responsible for trademark infringement and unfair competition. Smack was also held liable for co-opting lettering, phrases and color schemes associated with Louisiana State University, the University of Oklahoma and the University of Southern California."

[meetthemets]

That guy is a f'ing moron. I like this line:

"I live in Gainesville. I grew up here. There are 8 gazillion stores and business entities using the orange and blue colors, and the word "Gator". Check the phone book."

Yeah, and those stores are "licensed" and pay royalties to the University and have a legal right to produce UF merchandise. They are directly supporting the University by selling that stuff. The CLC is representing Florida as a client and is responsible for making sure stuff like his doesn't get sold. Florida didn't send you a C&D letter because they are paying the CLC to do it for them. If someone is selling a counterfeit Dallas Cowboys shirt, they'll be getting a letter from the NFL, not Jerry Jones.

Moron.