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Trojans Strip Gamecocks of "SC" mark


Cola

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This brings up the whole question of why Green Bay is using a G instead of a GB. Years ago I posted this image regarding how odd I thought the use of only the G was and how it would translate if other teams follow their model.

gbhelmet.jpg

yeah, I've thought the same thing many times before.

I guess it just comes down to the fact that we've all seen it so many times that we are just used to it being that way. I think it was on this web site where someone posted a mock up of what a "GB" helmet would look like and it just looked weird. Not a fan.

Hey, if it ain't broke...blah blah blah

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LA Times Article

Would a reasonable person confuse a USC logo on a garnet-and-black ball cap in Columbia, S.C., with the same letters on cardinal-and-gold sportswear worn by a Trojans fan at the Coliseum?

Apparently so, a federal appeals court has decided in rejecting a petition from the Palmetto State to use the letters on baseball team clothing for the University of South Carolina Fighting Gamecocks.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Tuesday upheld a decision last year by the U.S. Patent and Trademark Office review board to recognize the University of Southern California's century-old claim to the logo letters.

Neil C. Jones, the Greenville, S.C., lawyer representing the University of South Carolina, couldn?t be reached immediately for comment on the court?s ruling.

Jones said school authorities hadn't yet decided whether to appeal to the U.S. Supreme Court on the trademark issue.

Scott Edelman, an attorney representing the Los Angeles university, hailed the ruling as protection of the school's "primary athletic mark" used on team clothing and equipment that brings in significant revenue. Sports logo registrations are not limited to use in team colors, so there was potential for South Carolina merchandise to be mistaken for that of USC, Edelman said.

He also suggested that the letters were more deservedly linked to the Trojans' warrior image than to "a goofy little chicken."

"I think they wanted to move away from the gamecock logo," Edelman said of the school in the South. "Something that is totally understandable."

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I'm a 3rd year law student at Marquette University in the Sports Law Program. I am writing an in-depth legal paper on this topic. I would definitely enjoy some feedback on what others find interesting in this recent court decision. More importantly, I am looking for some other examples of secondary institutions that may be effected by this decision.

Personally I did not feel that the SC logo's were very similar. How far would a court push similarity? Kansas's KU compared to Kentucky's UK? What about all the MSU's? Missisippi State, Michigan State, Montana State, Missouri State? Delaware compared to Michigan? Gonzaga, Samford, Gardner Webb?

Yahoo College Baseball Blog has a picture of three hats, the first two are USC & South Carolina, that where found similar in the above case. The third hat is Santa Clara.

Can you think of anymore examples please?

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I'm a 3rd year law student at Marquette University in the Sports Law Program. I am writing an in-depth legal paper on this topic. I would definitely enjoy some feedback on what others find interesting in this recent court decision. More importantly, I am looking for some other examples of secondary institutions that may be effected by this decision.

Personally I did not feel that the SC logo's were very similar. How far would a court push similarity? Kansas's KU compared to Kentucky's UK? What about all the MSU's? Missisippi State, Michigan State, Montana State, Missouri State? Delaware compared to Michigan? Gonzaga, Samford, Gardner Webb?

Yahoo College Baseball Blog has a picture of three hats, the first two are USC & South Carolina, that where found similar in the above case. The third hat is Santa Clara.

Can you think of anymore examples please?

You might want to start on TESS to see whose logos are already registered and have become incontestable under section 15 of the Lanham Act, i.e., registered with 5 years unopposed use (15 U.S.C. § 1065). That will eliminate some of the identities that might be affected by the decision. After reading the CAFC opinion, I actually think that the decision itself is run-of-the-mill--the court found substantial evidence to support TTAB's legal determinations.

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  • 8 months later...

From The Los Angeles Times:

WASHINGTON ? The University of Southern California shut out the University of South Carolina in the Supreme Court on Monday as the justices let stand a trademark ruling holding that the interlocking letters "SC" are the registered mark of the sports teams based in Los Angeles.

The high court turned down an appeal from USC in Columbia, S.C., which since 1997 has sought to register its own "SC" logo for the sale of sports merchandise.

USC in Los Angeles objected, and a special Trademark Trial and Appeal Board considered the evidence. It concluded that although "real fans" would not be fooled, casual fans might be confused as to whether the sportswear came from the West Coast or the East Coast school.

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