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U of Iowa: Wisconsin high school logo infringed


jonkj

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I think the problem is that the copyrights are not enforced consistently. Little league teams use actual MLB team caps and mock jerseys all the time. Countless high schools use the logos of college and pro teams. Without consistent enforcement, it's understandable that a high school or little league team wouldn't get why it's wrong. And, when one gets sued while thousands of others across the country are not, it seems unfair.

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So the Hawkeyes ripped off everything about the Steelers (EXCEPT the logo) back in the 70s... I mean there is a hint of hypocracy here right?

No, one has nothing to do with the other, really.

On January 16, 2013 at 3:49 PM, NJTank said:

Btw this is old hat for Notre Dame. Knits Rockne made up George Tip's death bed speech.

 

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So the Hawkeyes ripped off everything about the Steelers (EXCEPT the logo) back in the 70s... I mean there is a hint of hypocracy here right?

No, one has nothing to do with the other, really.

Iowa got permission from the Steelers to copy the style of the uniforms.

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So the Hawkeyes ripped off everything about the Steelers (EXCEPT the logo) back in the 70s... I mean there is a hint of hypocracy here right?

No, one has nothing to do with the other, really.

Iowa got permission from the Steelers to copy the style of the uniforms.

Which is why the uniform isn't infringment, but it does show a real lack of imagination. That's always the other big complaint everyone has when a High School rips off a college or pro logo... no creativity, no imagination... a bad lesson for the kids and all. I've always thought that about Iowa's wholesale lifting of the Steelers' look. They need a uniform of their own, and I'm sure if they searched their archives, they'd find one.

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So the Hawkeyes ripped off everything about the Steelers (EXCEPT the logo) back in the 70s... I mean there is a hint of hypocracy here right?

No, one has nothing to do with the other, really.

Iowa got permission from the Steelers to copy the style of the uniforms.

Which is why the uniform isn't infringment, but it does show a real lack of imagination. That's always the other big complaint everyone has when a High School rips off a college or pro logo... no creativity, no imagination... a bad lesson for the kids and all. I've always thought that about Iowa's wholesale lifting of the Steelers' look. They need a uniform of their own, and I'm sure if they searched their archives, they'd find one.

Copying a uniform isn't infringement because it isn't protected through trademark.

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So the Hawkeyes ripped off everything about the Steelers (EXCEPT the logo) back in the 70s... I mean there is a hint of hypocracy here right?

No, one has nothing to do with the other, really.

Iowa got permission from the Steelers to copy the style of the uniforms.

Which is why the uniform isn't infringment, but it does show a real lack of imagination. That's always the other big complaint everyone has when a High School rips off a college or pro logo... no creativity, no imagination... a bad lesson for the kids and all. I've always thought that about Iowa's wholesale lifting of the Steelers' look. They need a uniform of their own, and I'm sure if they searched their archives, they'd find one.

Copying a uniform isn't infringement because it isn't protected through trademark.

Actually a team's uniform could be considered trade dress, which, like trademark, is protected under the both the Lanham Act as well as state common law. A company can register its trade dress with the U.S. Patent & Trademark Office. From the standpoint of legal analysis, trade dress can be considered a specific type of trademark, and thus the legal standard for analyzing infringement is "likelihood of confusion." Courts apply different tests to determine likelihood of confusions--the Federal Circuit applies the duPont test, which weighs many factors, including the similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression; the similarity or dissimilarity and nature of the goods described in an application or registration or in connection with which a prior mark is in use; the fame of the prior mark; the variety of goods on which a mark is or is not used; and many others.

The paradigmatic case for trade dress is Two Pesos v. Taco Cabana, 505 U.S. 763 (1992).

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