UT sues Texas A&M store over logo use

[meetthemets]

I would be interested in seeing these "legal documents" you speak of.

[leggman01]

I would be interested in seeing these "legal documents" you speak of.

they're linked from the sawemoff website posted in the first post of this thread - i'll try to post the image in exhibit d of the first legal document from that page

[andrewharrington]

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.

It's actually not the same logo. It's similar, yes, but not the same. Saw 'Em Off has shaggy ears and a slightly different silhouette from the official Longhorn graphic, seen at the UT Identity Guidelines website.

You're saying that any rational person can clearly see that it's a Texas Longhorn logo, and I'm saying that any rational person can clearly see that it's a parody. We're obviously not going to agree. You and I have different opinions of the context in which this image is used, but I think I see what you're saying a little bit, and I think the part I agree with is the money issue.

I do not agree that a rival parody crosses the line, only the financial gain associated with it, which I think is what you're saying. Basically, I think this would be perfectly acceptable if Aggieland was making this shirt for no profit, but they aren't. I still don't think UT should be suing them, but I can see the issue with the profits.

[andrewharrington]

A little history...

The Saw 'Em Off mark was copyrighted by the creators in 1997.

The U.S. Patent & Trademark Office refused to register it in 2003.

A tee shirt with the horns bandaged on to support UT's bid for the National Championship was sold in late 2005 by Aggieland. This shirt moves the Collegiate Licensing Committee to file a cease and desist to Aggieland, who in turn pulled the shirts. The Collegiate Licensing Committee did NOT complain about the original Saw 'Em Off mark.

The first legal contact about the original Saw 'Em Off mark comes in August 2006, before the 12-7 A&M triumph.

Suit is filed in December 2006.

Aggieland contends that Saw 'Em Off is an obvious parody of the UT trademark that could confuse no one seeking to buy products sponsored by and promoting UT, and that UT has waived any right to complain by waiting almost 10 years to file suit.

Aggieland files motion to move venue from Austin to neutral Houston.

Present Day.

[See Red]

Texas doesn't want somebody else making money using their trademarked logo at their expense. What's the issue, here? It's clearly not an original design and the guy's making money off of it. As far as I know, Texas is well within their right, here.

[meetthemets]

The Saw 'Em Off mark was copyrighted by the creators in 1997.

The U.S. Patent & Trademark Office refused to register it in 2003.

Gee, I wonder why?

Making the ears shaggy and the silhouette "slightly different" doesn't constitute an original design. Neither does taking the horns and turning them upside down. That wouldn't hold up in any trademark court. This is precisely the reason they could not receive a federal registration on this logo. It is not nearly enough of a deviation to make the average person think it is not the Texas logo or based on the Texas logo. It's the same basic shape and the same color. So for the sake of this argument, let's call it the same logo.

My point (for the third time) is that if you take the Texas logo with the horns sawed off the shirt and replace it with a design that looks nothing like the Texas logo, Aggie land wouldn't sell a quarter of the shirts they are selling. The Texas logo (which again, is a federally registered trademark) makes the shirt and the idea work. Call it "padody" or whatever you want, it still doesn't give Aggieland the right to make money off taking a logo that someone else owns, turning part of it upside down and making a profit. It is still a form of copyright infringement no matter how you look at it.

[Gothamite]

My point (for the third time) is that if you take the Texas logo with the horns sawed off the shirt and replace it with a design that looks nothing like the Texas logo, Aggie land wouldn't sell a quarter of the shirts they are selling. The Texas logo (which again, is a federally registered trademark) makes the shirt and the idea work. Call it "padody" or whatever you want, it still doesn't give Aggieland the right to make money off taking a logo that someone else owns, turning part of it upside down and making a profit. It is still a form of copyright infringement no matter how you look at it.

Bears repeating.

[leggman01]

The Saw 'Em Off mark was copyrighted by the creators in 1997.

The U.S. Patent & Trademark Office refused to register it in 2003.

Gee, I wonder why?

Making the ears shaggy and the silhouette "slightly different" doesn't constitute an original design. Neither does taking the horns and turning them upside down. That wouldn't hold up in any trademark court. This is precisely the reason they could not receive a federal registration on this logo. It is not nearly enough of a deviation to make the average person think it is not the Texas logo or based on the Texas logo. It's the same basic shape and the same color. So for the sake of this argument, let's call it the same logo.

My point (for the third time) is that if you take the Texas logo with the horns sawed off the shirt and replace it with a design that looks nothing like the Texas logo, Aggie land wouldn't sell a quarter of the shirts they are selling. The Texas logo (which again, is a federally registered trademark) makes the shirt and the idea work. Call it "padody" or whatever you want, it still doesn't give Aggieland the right to make money off taking a logo that someone else owns, turning part of it upside down and making a profit. It is still a form of copyright infringement no matter how you look at it.

exactly...if it's all about parody and not the texas logo, why not use this image?

ut has no problem with it and it conveys the point just as effectively...granted, it's not as fun as defacing a registered trademark, but this is all about parody

[cajunaggie08]

Well the law suit has come to an end. Aggieland Outfitters and UT have reached a settlement where the store can continue to use a modified version of the "saw em off" logo. Heres the article and image of the changes.

'SAW 'EM OFF' Suit Reaches Settlement

By PRNewswire

Longhorn Parody Continues With Minor Changes

College Station, TX -- Aggieland Outfitters, located near the campus of

Texas A&M University, has announced that its owners have settled a lawsuit

brought by The University of Texas to stop sales of merchandise bearing the

"SAW 'EM OFF" logo, which parodies UT's longhorn mascot.

In the settlement, UT agreed that Fadi Kalaouze and his parent company

Kalcorp could continue using the "SAW 'EM OFF" logo, if they made minor

changes that further distinguished it from UT's longhorn trademark. The

agreed-upon changes include adding a small blaze and nostrils to the steer's

face.

"I am very happy with this settlement," says Fadi Kalaouze. "Most

importantly, with this settlement Aggies will have the right to wear 'SAW

'EM OFF' shirts and poke fun at UT forever. We only had to make minor

changes to our logo, and were able to stand our ground by not paying any

royalties to UT for either past or future sales."

For nearly a decade, Fadi and Hege Kalaouze, owners of Aggieland Outfitters,

have sold clothing and other products with the now-famous image of a

longhorn with its horns cut off and the legend "SAW 'EM OFF." The logo

embodies the Aggie War Hymn's call to "Saw Varsity's horns off." Varsity

being the original name of UT's longhorn mascot, now called Bevo. Ten days

after A&M's football victory over the Longhorns in 2006, UT sued Fadi

Kalaouze and Kalcorp Enterprises, alleging "SAW 'EM OFF" mutilated UT's

longhorn trademark and caused confusion among consumers.

Kalaouze and Kalcorp, represented by Allan Van Fleet of the Greenberg

Traurig law firm, answered that the SAW 'EM OFF logo is a clear parody

protected by the First Amendment and demonstrated that no one has ever been

confused into thinking that "SAW 'EM OFF" products were sponsored by UT.

"Fadi and I want to personally thank everyone who supported our efforts to

save the "SAW EM OFF" tradition," says Hege Kalaouze. "We could not have

done this without the Aggie community behind us, and are forever grateful

for everyone's support and kind words. Gig'em Ags!"

I'm glad they get to keep the logo, even if it is modified. UT gets to keep its trademark of their logo because they attempted to defend it and didnt lose in court. Both sides come out a winner, even if the law suit was sparked out of sour grapes from losing a game.

[kewp80]

Why did they change it to a cyclopes cow???

[BamaHater]

[vicfurth]

A&M was actually founded before Texas, so we are the original University of Texas. Little history there...

Now, for the matter at hand, my dad has owned a shirt like that for five years already. There's even a verse from a Christian Bible saying something to the effect of "sawing the horns off the wicked..." Being an Aggie fan myself, I've always thought the logo was hilarious. Even incorporated something similar in a concept long ago. The fact that the 'Horns have waited so long to even mention this is beyond my understanding.

BTW, I loved sticking it to my co-workers and boss when A&M beat UT last year. Greatest day of work ever.

[JBPerry]

There's even a verse from a Christian Bible saying something to the effect of "sawing the horns off the wicked..." Being an Aggie fan myself, I've always thought the logo was hilarious.

BTW, I loved sticking it to my co-workers and boss when A&M beat UT last year. Greatest day of work ever.

hey they use the same verse and basically the same logo for OU shirts too. I don't here them crying cause OU uses the broken horns logo.

[vicfurth]

I guess that mean's we're the bigger rival.

[doafhat]

Actually, you don't hear Texas being upset about the "Saw 'Em Off" logo being used on OU merchandise because that logo is hardly ever used north of the Red River. What you see all the time in the state of Oklahoma are Sooner fans buying actual Longhorn stickers or car plates in order to place them upside-down on their cars. I've seen quite a few crimson hats with a white Longhorn logo embroidered upside-down on the front.

[Spearhead]

[cajunaggie08]

Ok that is an illegal use of an A&M logo, please pay me