Florida Gators go after two high schools; NFL sits out?

[Geoff]

The fact that FSU stepped in and said to teh firm, "WTF are you doing?" even before the bad press hit, yes, I think FSU had no hand in slapping those schools with suits. Honestly, why would they slap someone with a cease and desist and then immediately say, "You know what? Nevermind."

You may think I sound like a moron and that may be because I didn't phrase that properly. They value protecting their trademarks but they also value the connections these schools provide them in recruiting and enrollment in general. They surely are protecting their rights to said marks but they're not going to issue a cease and desist to every team out there using some form of their logos/marks/name.

[Mingjai]

FSU didn't go after anyone. A firm they hired to make sure they're trademarks were protected did. Florida State already had verbal deals with many schools but this company either didn't know or didn't care and slapped these high schools with lawsuits in the name of protecting FSU. FSU has since worked out monetary deals with each school. How much are they asking? A whopping $1 per year.

So you think FSU had nothing to do with it? If you believe that then I have a bridge I'd like to sell you.

I'm with you, mets. I don't know how it is in Florida, but I work at a national litigation firm, and I know we don't sue or threaten to sue anyone unless a client signs off on it.

The fact that FSU stepped in and said to teh firm, "WTF are you doing?" even before the bad press hit, yes, I think FSU had no hand in slapping those schools with suits. Honestly, why would they slap someone with a cease and desist and then immediately say, "You know what? Nevermind."

You may think I sound like a moron and that may be because I didn't phrase that properly. They value protecting their trademarks but they also value the connections these schools provide them in recruiting and enrollment in general. They surely are protecting their rights to said marks but they're not going to issue a cease and desist to every team out there using some form of their logos/marks/name.

Cease and desist letters are sent (1) to get the other side to the bargaining table and/or (2) to signal that you're actively policing your IP, even if you have no real intention to litigate. If a defendant tries to claim a defense latches, you pull out the cease and desist you sent to prove that you were practicing due diligence.

If a school can prove that FSU knew about their use of the FSU marks, and FSU didn't send a cease and desist when FSU had sent similar letters to other schools, then the school as a paradigmatic laches defense if FSU later threatens to sue--in other words, the school will have more or less obtained a free license to use, mark, or sell products bearing the FSU mark.

If anything, I bet firm created a master list of targets to whom they would send nasty-grams and gave that list to FSU. Counsel at FSU probably looked it over without really paying attention to the schools on the list and gave approval. The once the letters went out and the bad press arose, FSU came up with the story to save face.

The fact that FSU licensed to marks for a nominal $1 indicates that FSU was more concerned with due diligence in policing use of the mark, and not about monetizing a valuable trademark.

[meetthemets]

Cease and desist letters are sent (1) to get the other side to the bargaining table and/or (2) to signal that you're actively policing your IP, even if you have no real intention to litigate. If a defendant tries to claim a defense latches, you pull out the cease and desist you sent to prove that you were practicing due diligence.

If a school can prove that FSU knew about their use of the FSU marks, and FSU didn't send a cease and desist when FSU had sent similar letters to other schools, then the school as a paradigmatic laches defense if FSU later threatens to sue--in other words, the school will have more or less obtained a free license to use, mark, or sell products bearing the FSU mark.

If anything, I bet firm created a master list of targets to whom they would send nasty-grams and gave that list to FSU. Counsel at FSU probably looked it over without really paying attention to the schools on the list and gave approval. The once the letters went out and the bad press arose, FSU came up with the story to save face.

The fact that FSU licensed to marks for a nominal $1 indicates that FSU was more concerned with due diligence in policing use of the mark, and not about monetizing a valuable trademark.

What he said... I guarantee you FSU was involved every step of the way. Legal firms don't just send out C&D's without permission. I'm sure part of the firm's responsibility is to be up front and take the heat for their clients when things like this arise.

Let me know if you want to talk about that bridge we discussed earlier.