laws regarding team names

[1stDownCreative]

hey lawyer people!!

can a team be sued over the use of the same name/mascot?

a semi-pro football team i played on named the ohio river bearcats received a cease and desist letter from the univ of cincy regarding the team NAME (bearcats).

the problem is not in the logos, or wordmark, or colors....only in the NAME BEARCATS. as another university also uses the mascot name, it makes it seem even odder.

its the a law or something that they can send make showing that cincy doesnt have exclusive use over the team name?

thanks.

[stumpygremlin]

That does seem a little odd. My concern would be how close you are to Cincinnati may have an impact over it. I don't know, though.

At the very least they may be trying to invoke the idea that they are a much bigger institution than your semi-pro team and would be more willing to take it to court.

[makeroro]

Mode redacted

[gueman]

Is there a bearcat in nature? Well according to Wiki it is another name for binturong. So I don't think they have much of a leg to stand on.

[ElwoodCuse]

they should change their name to the Catbears.

[Mac the Knife]

Actually, they likely have a strong case, as what's being violated is federal trademark law. The University of Cincinnati likely has a trademark for the term "Bearcats" which is applicable in the category of staging football exhibitions (or some such similar wording); in which case, you'd be prohibited from using it yourself without their expressed consent.

[RuffDawg]

It was my understanding that a stand-alone nickname like "Bearcats" couldn't be copyrighted by itself without a unique combination to identify the institution that claims the copyright (a lot of big words, I know, but it basically means you can copyright "Cincinnati Bearcats" but not the name of the city or the nickname by itself).

If nicknames could be copyrighted on their own, how quick do you think the NFL would be to snap up all their franchise nicknames and forbid any other sports team in the country from calling themselves the Bears, Eagles, Falcons, Lions, Giants, etc etc.

[dfwabel]

1- Either your or a member of your team should consult a trademark attorney. "hey lawyer people!!", would not entice me to reply to any request.

2- Bearcats has the following list of trademarks. There is a youth football team which does have it active, so you could even be sued by them too.

3-Legal advise on a sports-based message board is worth only as much as you paid for it. So see #1.

[slapshot]

Binghamton University in New York is also the Bearcats.

/just sayin

[gordie_delini]

Kyler, one of my hockey teammates is a corporate lawyer who does quite a bit of work in copyright and trademark law. I'll ask him, see what he says and get back to you via PM.

[Mingjai]

Typed Drawing

Word Mark BEARCATS

Goods and Services IC 041. US 107. G & S: educational services; namely, providing courses of instruction, seminars, lectures, and conferences at the university undergraduate and graduate levels, and entertainment services; namely, arranging and conducting athletic competitions and musical concerts. FIRST USE: 19300000. FIRST USE IN COMMERCE: 19300000

Mark Drawing Code (1) TYPED DRAWING

Serial Number 74115467

Filing Date November 15, 1990

Current Filing Basis 1A

Original Filing Basis 1A

Published for Opposition March 17, 1992

Registration Number 1692019

Registration Date June 9, 1992

Owner (REGISTRANT) University of Cincinnati, The EDUCATIONAL INSTITUTION OHIO Mail Location 623 Cincinnati OHIO 45221

Attorney of Record Lynda E. Roesch

Prior Registrations 1505966;1521442

Type of Mark SERVICE MARK

Register PRINCIPAL

Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20020808.

Renewal 1ST RENEWAL 20020808

Live/Dead Indicator LIVE

It appears that Cincinnati owns the typed wordmark "Bearcats" for use in arranging and conducting athletic competitions. They've been using the mark in commerce since 1930 and now have a Federal service mark. Good luck...

[gordie_delini]

They own the wordmark not necessarily the name Bearcats.

[dfwabel]

I don't want to get that involved, but since the Brooklyn Bearcats was approved, then I think that the semi-pro team may have a case. Then again, both they are the UC are in the state of Ohio.

Like I said before, the legal advise you seek on a free, sports-based message board is worth only as much as you paid for it.

Most of us are not attorneys. (Any of us who are probably would never claim they were as they would not want to be requested with basic traffic ticket threads every 96 hours.)

[oddball]

I'm going to take a stab at this and not being a lawyer, but understanding protecting of brands, that it is a violation of trademark and the University of Cincinnati's identity. Here's why as dfw pointed out, it's in the state of Ohio and it's the same sport, therefore to the average person who doesn't know sports could confuse the semi-pro team name and possible merchandise with the University of Cincinnati therefore diluting the university brand and causing the university to lose money. I also think that part of the issue is that it's a semi-pro team meaning the players get paid and that the university players are "amatuers" thus really confusing a person who doesn't know the difference and could lead to who knows what as far as gifts and payments to Cincinnati players. I'm just throwing it out there, but it sounds good to me.

[jkrdevil]

It was my understanding that a stand-alone nickname like "Bearcats" couldn't be copyrighted by itself without a unique combination to identify the institution that claims the copyright (a lot of big words, I know, but it basically means you can copyright "Cincinnati Bearcats" but not the name of the city or the nickname by itself).

If nicknames could be copyrighted on their own, how quick do you think the NFL would be to snap up all their franchise nicknames and forbid any other sports team in the country from calling themselves the Bears, Eagles, Falcons, Lions, Giants, etc etc.

I like that you included this one in your theory considering the NY Giants is taken directly from the NY (now SF) Giants baseball team.