Penn State Plays It Safe

[Drew22]

Also, did anyone notice on the logo sheet that Penn State is asserting a common law trademark in the name/phrase "Linebacker U"? Interesting.

Did they trademark, PSU, PS, and S? Can they do that?

[wman]

Put the paw on the helmets!!!!

Now that will get the traditionalists riled up. Of course remember they did have numbers on the helmets in the early 70s.

The new font is boring, but I guess it fits the brand.

[njmeadowlanders]

Also, did anyone notice on the logo sheet that Penn State is asserting a common law trademark in the name/phrase "Linebacker U"? Interesting.

Did they trademark, PSU, PS, and S? Can they do that?

In context, yes. They also have a block "S" logo.

But no, they can't stop me from say, selling t-shirts with only an S on it unless they could prove infringement somehow (like say I was selling them outside of Beaver Stadium or something like that).

[leopard88]

Also, did anyone notice on the logo sheet that Penn State is asserting a common law trademark in the name/phrase "Linebacker U"? Interesting.

Did they trademark, PSU, PS, and S? Can they do that?

In context, yes. They also have a block "S" logo.

But no, they can't stop me from say, selling t-shirts with only an S on it unless they could prove infringement somehow (like say I was selling them outside of Beaver Stadium or something like that).

A common law trademark (little TM) is different from a registered trademark (circle-R). It does not provide automatic nationwide protection, but instead only provides protection (if it provides any) in the market in which you have established use of the mark.

From the USPTO --

Is registration of my mark required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

constructive notice to the public of the registrant's claim of ownership of the mark;

a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;

the ability to bring an action concerning the mark in federal court;

the use of the U.S registration as a basis to obtain registration in foreign countries; and

the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

USPTO Website

[BBTV]

I sent a copy of the article that details the change to one of my colleagues who is a Penn State allum and a big football fan.

He replied "Helvetica? They should call it Pathetica."

[JQK]

I sent a copy of the article that details the change to one of my colleagues who is a Penn State allum and a big football fan.

He replied "Helvetica? They should call it Pathetica."

That was Metallica's psuedonym for most of the 90's and 00's, so it might be a "TM" issue...

[STL FANATIC]

Also, did anyone notice on the logo sheet that Penn State is asserting a common law trademark in the name/phrase "Linebacker U"? Interesting.

Did they trademark, PSU, PS, and S? Can they do that?

In context, yes. They also have a block "S" logo.

But no, they can't stop me from say, selling t-shirts with only an S on it unless they could prove infringement somehow (like say I was selling them outside of Beaver Stadium or something like that).

A common law trademark (little TM) is different from a registered trademark (circle-R). It does not provide automatic nationwide protection, but instead only provides protection (if it provides any) in the market in which you have established use of the mark.

From the USPTO --

Is registration of my mark required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

constructive notice to the public of the registrant's claim of ownership of the mark;

a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;

the ability to bring an action concerning the mark in federal court;

the use of the U.S registration as a basis to obtain registration in foreign countries; and

the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

USPTO Website

So if I understand you right...

Penn State can issue a C&D to an organization selling navy t-shirts with a white "LINEBACKER U" on them, but they can't tell the University of Illinois to stop using the term to describe itself?

(I'm not arguing who's claim is more legit here. In fact, I'm fairly confident PSU's is and that U of I's claim to it has greatly faded. But I just was curious.)

[leopard88]

So if I understand you right...

Penn State can issue a C&D to an organization selling navy t-shirts with a white "LINEBACKER U" on them, but they can't tell the University of Illinois to stop using the term to describe itself?

(I'm not arguing who's claim is more legit here. In fact, I'm fairly confident PSU's is and that U of I's claim to it has greatly faded. But I just was curious.)

That is probably an accurate summary, assuming Illinois has also been using that slogan in commerce. It is also true if Illinois is not using the slogan for commercial purposes. It's obviously not about who has a better claim to the name from an on-field history standpoint. Instead, it is about who has already used it in commerce and in what markets they have done so.

For example, if Penn State had been selling "Linebacker U" t-shirts in State College since 1980, but nowhere else, it could probably stop anyone from selling them in that area. However, they probably could not stop Illinois from selling them in the Illinois/Indiana/Iowa area if they had been doing so since 1950. They also might have trouble stopping anyone from selling them in, say, Los Angeles if they have never marketed them there at any point.

As noted on the USPTO site, common law trademark protection is not as broad as federal trademark protection. Infringement claims can be much more fact specific, depending on the similarity of any marks, the manner and extent of use by the party claiming trademark protection and other factors.

[The_Admiral]

Didn't the Atlanta Falcons use a Helvetica wordmark in the early/mid '90s?

[STL FANATIC]

Thanks, Leopard.

Illinois, to my knowledge, only uses it occasionally in instances where they want to honor their football history. I don't think I've actually seen any merchandise sold with the term.

I was just curious.