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HS using logos of colleges/pros


hormone

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For reference sake in regards to the NFL and high schools, here's something that was in an earlier thread from a little over a year ago: School Board member "fears lawsuit" over NFL logo, colors. Apparently, the NFL is pretty open to the use of their logos by high school teams. A quote:

"However, NFL spokesman Brian McCarthy said his organization is "deeply committed" to supporting youth football and does not have a problem with high school programs adopting and using NFL team logos.

"We simply ask that the schools do not alter or change the color of the logos, " he said. The organization also asks high schools not to sell merchandise in a manner that would lead fans to believe it is officially licensed by the NFL or the team, he said."

Oh, and for further reference sake, I spoke with the folks at Georgia Tech, and found out that Haynes is already legal with them. ^_^

It is what it is.

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I would think that most Universities and even Professional teams would enjoy the additional exposure they get from High Schools using a portion of their identity.

One of the HS teams in New York state is the Pearl River Pirates, they use a "re-colored" version of the Tampa Bay Buccaneers helmet. Don't you think it's just possible that the Buccaneers have sold a few more of their own Sweatshirts, hats, jerseys etc... in that area of New York than you would expect to see just because although the color is different there is some identification with the Pirate Flag both are using.

If a team doesn't "re-color" the logo there is an even closer association.

As long as teams don't use any parts of a teams identity package in a negative manner, the schools should enjoy the extra exposure.

I would be much more upset about the people selling things like Calvin pissing on the Red Sox "B" or Yankees "NY" if I was from these organizations than I would a local HS wearing their hat.

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By doing nothing the Universities aren't forfeiting their copyright ownership and trademark rights, they're just doing nothing. It's still illegal for high schools or anyone else to use their logo. Period.

Think of it this way - you can speed on the highway as much as you want, so long as there isn't a cop around. But if a cop catches you speeding you'll get a ticket. When a cop isn't around speeding isn't magically allowed, it's still illegal, but you just get away with it. Doesn't make it right, but it's the nature of the beast. Intellectual property is no different.

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By doing nothing the Universities aren't forfeiting their copyright ownership and trademark rights, they're just doing nothing. It's still illegal for high schools or anyone else to use their logo. Period.

Think of it this way - you can speed on the highway as much as you want, so long as there isn't a cop around. But if a cop catches you speeding you'll get a ticket. When a cop isn't around speeding isn't magically allowed, it's still illegal, but you just get away with it. Doesn't make it right, but it's the nature of the beast. Intellectual property is no different.

http://en.wikipedia.org/wiki/Trademark

trademarks remain valid as long as the owner actively uses and defends them
a failure to bring a timely infringement suit or action against a known infringer may give the defendant a defense of implied consent or estoppel when suit is finally brought.
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"a failure to bring a timely infringement suit or action against a known infringer may give the defendant a defense of implied consent or estoppel when suit is finally brought.t"

*implied* not explicit. Someone could still get sued, as Wisconsin shows time and time again.

It also says 'known infringer.' I'm sure the schools serve them as they find them, so I bet there's a very small likelihood that defense ever comes into play.

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"a failure to bring a timely infringement suit or action against a known infringer may give the defendant a defense of implied consent or estoppel when suit is finally brought.t"

*implied* not explicit. Someone could still get sued, as Wisconsin shows time and time again.

It also says 'known infringer.' I'm sure the schools serve them as they find them, so I bet there's a very small likelihood that defense ever comes into play.

The point remains that unlike a copyright, trademark law does put some responsibility on the trademark holder to defend the trademark or risk it falling into "common use."

http://www.wordiq.com/definition/Genericized_trademark

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My high school, for many years including when I was there, had a recolored version of the Seahawks old logo for football. It was a white helmet with the red, white, and black Seahawk-like logo (we were the Redwings). This year, with a new coaching regime, they have switched to a white helmet with a red B, which is a downgrade IMO.

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My high school, for many years including when I was there, had a recolored version of the Seahawks old logo for football. It was a white helmet with the red, white, and black Seahawk-like logo (we were the Redwings). This year, with a new coaching regime, they have switched to a white helmet with a red B, which is a downgrade IMO.

Benet? I thought that the Seahawks logo didn't look as good in red and black.

Wordmark_zpsaxgeaoqy.jpg

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  • 2 weeks later...

Saw the funniest thing in regards to this the other night on a Friday night high school recap TV show. Highlights from a game with a local New Orleans High School, G.W. Carver (Marshall Faulk's alma mater, in fact) were being shown. Their team is the Rams, and in years past they had a NFL/Colorado State Rams design on the helmets, done in their school colors of green and orange. I noticed that now they have white helmets with a weird looking "C". Upon closer review, it was the "U" from the University of Miami turned on its side.

No photos, but it looked like this:

Carver.png

:wacko:

It is what it is.

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