IceCap Posted January 24, 2007 Share Posted January 24, 2007 I doubt people will confuse one of these A&M shirts, depicting a mutilated Long Horns logo, as a University of Texas shirt. Therefore it would be protected under laws concerning parodies.You are missing the point. People will confuse the Longhorn logo for being the Texas logo, which it is. It could easily be found that the logo is being used in a deceitful manner. From the article I attached above:"Tarnishment, on the other hand, generally arises when a plaintiff's trademark is linked to products of inferior quality or is portrayed in an unwholesome or unsavory context likely to evoke unflattering thoughts about the owner's product. Generally, tarnishment has been found in cases where a distinctive mark is depicted in a context of sexual activity, obscenity or illegal activity."Is Texas A&M depicting the Longhorns logo as their own mark? No. They're simply having fun with a rival's logo. Teams do this all the time, it's the nature of a sports rivalry. UT is acting like children here because these shirts are in no way damaging their own brand. Who's buying them? Texas A&M students and fans, people who don't have positive opinions of the Longhorns anyway. The selling of these shirts in no way hinders the sale of official Longhorns merchandise. Again, this is just a team having a little fun with its rival. Lighten up, it's a sports rivalry. This is what happens. If UT can't take one of their rivals mocking them, then maybe it's time they abandoned their athletic program. This is, IMO, no different then when the Florida Gators' mascot has burgundy and yellow feathers sticking out of its mouth when the Gators play FSU. PotD 26/2/12 1/7/15 2020 BASS Spin the Wheel, Make the Deal Regular Season Champion 2021 BASS NFL Pick'em Regular Season Champion Link to comment Share on other sites More sharing options...
rainmaker17 Posted January 24, 2007 Share Posted January 24, 2007 The funny thing is with all this hoopla "Saw 'Em Off" is probably the best-selling t-shirt in A&M history. Link to comment Share on other sites More sharing options...
meetthemets Posted January 24, 2007 Share Posted January 24, 2007 Is Texas A&M depicting the Longhorns logo as their own mark? No. They're simply having fun with a rival's logo. Teams do this all the time, it's the nature of a sports rivalry. UT is acting like children here because these shirts are in no way damaging their own brand. Who's buying them? Texas A&M students and fans, people who don't have positive opinions of the Longhorns anyway. The selling of these shirts in no way hinders the sale of official Longhorns merchandise. Again, this is just a team having a little fun with its rival. Lighten up, it's a sports rivalry. This is what happens. If UT can't take one of their rivals mocking them, then maybe it's time they abandoned their athletic program. This is, IMO, no different then when the Florida Gators' mascot has burgundy and yellow feathers sticking out of its mouth when the Gators play FSU.Personally, I couldn't care less what happens, one way or the other. I don't have an affinity for Texas or Texas A&M. I'm just trying to explain their side of the case to you. You say that UT is acting like children, however they have every right to protect their property. You may think it's funny but maybe they don't, which is the basis for the "parody" argument. If I took a picture of you and put your face on a guy blowing a horse, put it on a shirt and sold it through this board and called it a parody, you'd probably take a few steps to stop me from doing that if you didn't like it, even though I (and maybe some others) might think it was funny. Everything that uses one of UT's trademarks has to be approved by the university. If someone is using one of their marks on a t-shirt, it could be easily assumed that UT approved it when they did not. This in fact does damage their brand integrity just as Calvin pissing on a Ford logo diminishes the integrity of Ford's brand. Of course you can chalk it up to "good fun" but the university probably doesn't care who thinks it's funny and doesn't have to. They have an obligation to protect their trademarks. It is one of the fundamentals of trademark law. If they don't protect it they can lose it. It's not about not being able to take the mocking. The guy isn't just trying to have a little fun, he is trying to befefit financially from Texas in using their Longhorn. If the Longhorn wasn't part of the design he probably would be selling a lot less shirts. Link to comment Share on other sites More sharing options...
andrewharrington Posted January 25, 2007 Share Posted January 25, 2007 And yet they still sell hundreds of thousands of window stickers that show Calvin pissing on everything but the kitchen sink. That's running the 'tarnishment' line a lot more than the 'saw em off!' graphic, which is an obvious parody. Yes, an obvious parody. I don't care how many people don't think so, it's still clearly evident that it is a parody, and it's really not damaging the UT brand, considering the demographic to which the shirt is sold. Fact is, the longhorn is the trademark, not a similar longhorn with the horns cut off. They're not going to lose their trademark by allowing this store to sell these shirts.I'm as much for IP protection as anyone; I've had work stolen, too, but you have to look at the context. These are rivals. They're going to do that pisses each other off. That's how it works. You can walk into any local college tee shirt store, and find a Muck Fichigan shirt, a Beat Bama shirt, or any number of rivalry items, some that are far worse than this one. Hell, we have a shirt that says, 'I'd rather eat than go to Miami.' I'm sure they have some shirts that degrade us, as well, but nobody's complaining, except UT, that is. If you put someone's face on a picture of a guy blowing a horse (great example, btw :-)), it's a little different than a college rival using a parody of your name or logo. UT wins this, they might as well start charging mascots with assault when they pretend to beat up the other mascot, because all of the fun that's supposed to be a part of a great rivalry will be gone forever. I still don't have a website, but I have a dribbble now! http://dribbble.com/andyharry [The postings on this site are my own and do not necessarily represent the position, strategy or opinions of adidas and/or its brands.] Link to comment Share on other sites More sharing options...
rainmaker17 Posted January 25, 2007 Share Posted January 25, 2007 For the record the shirt doesn't bother me a bit. What bothers me is A&M can get touchy about their history and traditions (the Seahawks lawsuit) but plays the martyr card when the tabes are turned.I agree every school lampoons their rivals, and they should. I couldn't believe how many red "Buck Texas" shirts with a white upside-down longhorn logo I saw in September.Honestly, how many of us on this board own a "Good, Bad and the Ugly" shirt featuring local rivalries? *raises hand* Link to comment Share on other sites More sharing options...
andrewharrington Posted January 25, 2007 Share Posted January 25, 2007 Oh, I definitely agree that A&M was out of line asking the Seahawks to stop using 12th Man. I guess it's karma that brought this on. I still don't have a website, but I have a dribbble now! http://dribbble.com/andyharry [The postings on this site are my own and do not necessarily represent the position, strategy or opinions of adidas and/or its brands.] Link to comment Share on other sites More sharing options...
meetthemets Posted January 25, 2007 Share Posted January 25, 2007 Show me a store where they are selling legal "Muck Fichigan" shirts. I will guarantee you they are being sold illegally. There are plenty of other schools who would be doing the exact same thing as Texas if and when they felt the need to. Texas isn't the first school in history to file a lawsuit for trademark infringement. Again it is not up to the discretion of the public, but that of the person with the trademark and ultimately a judge. Fact is, the longhorn is the trademark, not a similar longhorn with the horns cut off.Dude, it is clearly the same logo. Just because they cut the horns off and put them at a diferent angle doesn't make it a new, original logo. Any rational person can clearly see that it's a Texas Longhorn logo with the horns cut off and would immediately associate it with Texas. You can't tell me that anyone would view it as anything else. The point in all of this is that the guy is clearly trying to benefit financially from the Universty of Texas and their trademarks, to which he is not licensed to use. You can't argue that he's not trying to do that. f you put someone's face on a picture of a guy blowing a horse (great example, btw :-)), it's a little different than a college rival using a parody of your name or logo.Not really. My point with this example is that just because some people view it as funny, or as a parody, the person (or in this case a school and their logo) who is being made an example of may not. Link to comment Share on other sites More sharing options...
KCScout76 Posted January 25, 2007 Share Posted January 25, 2007 Now this is coming from a guy who lived in Austin and I support the Longhorns - but seems to me that a few UT Regents lost a bet with a few A&M boys and are being a bunch of cry-babies.From Texas' legal stand-point, I'd say they have a case. But some UT fan got upset seeing the 'logo' de-faced and gripped to someone at the university. I am not an A&M fan - I love sticking it to the Aggies anytime, any sport, any where. But seems that the football team's poor performance that day has ruffled a few feathers in Austin.Damd it people, this is America. Freedom of speech baby!! If a fan says, Muck Fichigan, Mizzou Sucks, Bury the Beavers - so be it. Quit Crying and hope for a better result next year.Next thing we will hear is Ohio State is sueing the state of Florida for mental anguish and suffering for making "national champs" t-shirts and going around and saying we're #1.Get over it UT Regents. A rival kicked your A**, and your not #1 in the Big 12 anymore. Whimps!  Kansas City Scouts (CHL) Orr Cup Champions 2010, 2019, 2021     St. Joseph Pony Express (ULL)  2023 Champions   Kansas City Cattle (CL) Link to comment Share on other sites More sharing options...
rainmaker17 Posted January 25, 2007 Share Posted January 25, 2007 12-7 is not an ass kicking....but I think you have a point. Link to comment Share on other sites More sharing options...
Gothamite Posted January 25, 2007 Share Posted January 25, 2007 The point in all of this is that the guy is clearly trying to benefit financially from the Universty of Texas and their trademarks, to which he is not licensed to use. You can't argue that he's not trying to do that. That's an excellent point.Trademark protection exists to protect the financial interest of the holders. If A&M feels so strongly about selling this, they should apply for a license and give UT a percentage of the profits from every shirt sold.A&M is making money off a logo they don't own. Beyond parody, that's not right. The Green Bay Packers Uniform Database! Now in a handy blog. Link to comment Share on other sites More sharing options...
KCScout76 Posted January 25, 2007 Share Posted January 25, 2007 12-7 is not an ass kicking....but I think you have a pointYour are correct, I was thinking along the lines that Texas was a two TD favorite and they lose by a 19 pts.So that's what I meant by an ass kicking. I believe Texas lost at home too! How embarrassing.  Kansas City Scouts (CHL) Orr Cup Champions 2010, 2019, 2021     St. Joseph Pony Express (ULL)  2023 Champions   Kansas City Cattle (CL) Link to comment Share on other sites More sharing options...
nwtrailtrekker Posted January 25, 2007 Share Posted January 25, 2007 Being a Seattle 12th Man, I'm for any lawsuit that sticks it to the babies at A&M. Let 'em have it UT!haha i second that motion! Link to comment Share on other sites More sharing options...
meetthemets Posted January 25, 2007 Share Posted January 25, 2007 A&M is making money off a logo they don't own. Beyond parody, that's not right.It's not A&M making the money but this guy and his shop. Let's be clear that this is not Texas vs. Texas A&M but Texas vs. Aggieland Outfiters and it's owner. Link to comment Share on other sites More sharing options...
Fred T. Jane Posted January 25, 2007 Share Posted January 25, 2007 I said that, and I stand by it. You folks need to stay on your side of the Sabine, for the good of us all! Yeah, or we might put you all in jail ...... or special ed classes.You stay classy, Texas... or at least attribute the quote to the right person... I said that, and I stand by it. You folks need to stay on your side of the Sabine, for the good of us all! [Croatia National Team Manager Slavan] Bilic then went on to explain how Croatia's success can partially be put down to his progressive man-management techniques. "Sometimes I lie in the bed with my players. I go to the room of Vedran Corluka and Luka Modric when I see they have a problem and I lie in bed with them and we talk for 10 minutes." Maybe Capello could try getting through to his players this way too? Although how far he'd get with Joe Cole jumping up and down on the mattress and Rooney demanding to be read his favourite page from The Very Hungry Caterpillar is open to question. --The Guardian's Fiver, 08 September 2008 Attention: In order to obtain maximum enjoyment from your stay at the CCSLC, the reader is advised that the above post may contain large amounts of sarcasm, dry humour, or statements which should not be taken in any true sort of seriousness. As a result, the above poster absolves himself of any and all blame in the event that a forum user responds to the aforementioned post without taking the previous notice into account. Thank you for your cooperation, and enjoy your stay at the CCSLC. Link to comment Share on other sites More sharing options...
Spearhead Posted January 25, 2007 Share Posted January 25, 2007 Louisiana. That's French for ' .' Link to comment Share on other sites More sharing options...
DG_ThenNowForever Posted January 25, 2007 Share Posted January 25, 2007 I would like to go to this place called Fichigan. Do they have a strong liberal arts program? 1 hour ago, ShutUpLutz! said: and the drunken doodoobags jumping off the tops of SUV's/vans/RV's onto tables because, oh yeah, they are drunken drug abusing doodoobags Link to comment Share on other sites More sharing options...
-kj Posted January 25, 2007 Share Posted January 25, 2007 Gentlemen... less state-bashing and more discussion of the topic at hand, please.(This message brought to you by your friendly neighborhood mod.) Buy some t-shirts and stuff at KJ Shop! KJ Branded | Behance portfolio  POTD 2013-08-22 On 7/14/2012 at 2:20 AM, tajmccall said: When it comes to style, ya'll really should listen to Kev. Link to comment Share on other sites More sharing options...
ShlyKBMT Posted January 25, 2007 Share Posted January 25, 2007 I'll stay away from the state bashing considering I live in Texas 30 minutes from the border and I have a Cajun backround. But seriously what is the big deal, I don't understand why the Horns have a problem after so many years. I'm an Aggie fan but plenty of my friends go to UT, my dad is even a Longhorn fan and gets a kick out of that logo, it's just for fun (LIGHTEN UP!) Link to comment Share on other sites More sharing options...
griff7774 Posted January 25, 2007 Share Posted January 25, 2007 A&M is making money off a logo they don't own. Beyond parody, that's not right.It's not A&M making the money but this guy and his shop. Let's be clear that this is not Texas vs. Texas A&M but Texas vs. Aggieland Outfiters and it's owner.I see at least one person is inform Link to comment Share on other sites More sharing options...
leggman01 Posted January 25, 2007 Share Posted January 25, 2007 if you read through the legal documents, there is a second logo that has been designed which is clearly a longhorn with sawed off horns, but also clearly NOT a defaced UT logo - UT has no problem with this logo, and says so in the legal documents - if it's not about defacing the logo for aggieland outfitters, why doesn't he simply stop selling the gear with the defaced UT logo and start selling gear with the other logo?...the message is still the same, and the point of the parody is the message, right? Link to comment Share on other sites More sharing options...
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