Patent office tells Southern Miss its logo too similar to Iowa?s

[GeoTheo]

This was on the Des Moines Register's Website today.

Hattiesburg (Miss.) American

HATTIESBURG, Miss. ? The Golden Eagle logo unveiled by Southern Mississippi nearly nine years ago might be in jeopardy because University of Iowa officials say it?s too similar to their Tiger Hawk emblem ? and a three-judge panel agrees.

USM?s trademark application was denied last week by judges in the United States Patent and Trademark Office, who ruled 2-1 in favor of Iowa.

The ruling has left USM?s attorneys scouring the 54-page decision.

?Our attorneys are reviewing the decision by the judges,? USM athletic director Richard Giannini said Tuesday. ?Until we have their review, we?re not really going to comment on it.?

Jason Bush, an attorney with Baker Donelson in Jackson, said USM could appeal the decision, which was made by the Trademark Trial and Appeal Board, to the Court of Appeals for the Federal Circuit in Washington, D.C.

?In the alternative,? wrote Bush in an email, ?USM has the option of presenting additional evidence or raising additional claims in the United States District Court in any district venue that is proper.?

Giannini and other USM officials have long argued that the logos bare little resemblance.

USM unveiled its new Golden Eagle logo in January 2003 in an overhaul of the athletic department?s brand ? and it quickly became part of the school?s athletic identity.

The eagle head logo is painted on the artificial turf at M.M. Roberts Stadium and on the basketball court at Reed Green Coliseum.

It?s on the pants worn by USM football players and on USM shirts, hats, jackets, pants and other items sold throughout the state.

The logo was created by USM graduate Rodney Richardson, who owns RARE Design, a graphic design firm based in Hattiesburg.

In 2004, Iowa officials argued that the two images were confusingly similar.

Last week, Iowa got two out of three judges to concur.

Administrative trademark judge David Bucher wrote in his majority opinion that he backed Iowa?s claim that there would be ?the likelihood of confusion? in merchandise sales between the schools.

Bucher describes the argument that USM made to point out differences between the two logos:

?Specifically, (USM) argues that each of the Iowa Hawkeyes marks is a collection of four separate silhouette shapes put together in close proximity creating a two dimensional image that is then displayed against backgrounds of changing colors. (USM) suggests that each Iowa Hawkeyes mark has the simplicity of a stenciled or stamped image. By contrast, Southern Miss argues that its new eagle head is more complex, having the ?fierce eyed gaze of independence? and the ?black peak of the beak? to create a ?symbol of courage and power, reminiscent of Roman soldiers ? going into battle [with] a crimson banner with a golden eagle emblazoned on the banner.?

Bucher wrote that he found fault in USM?s argument:

?The overall similarity in appearance of the marks on the goods, particularly in light of the use of identical color schemes, creates virtually identical commercial impressions.?

USM made the case that the use of birds of prey as mascots is prevalent in college sports along with the use of bird heads as logos. USM submitted several examples to back its claim.

Bucher also shot down that argument: ?When making a visual comparison between Iowa?s Hawkeyes marks and each of these designs, we find that none of these Division I third-party marks remotely resembles Iowa?s Hawkeyes designs. Certainly, none is as similar to Iowa?s marks as is (USM?s) mark. Moreover, whether some of these third-party marks (e.g., those having commercial impressions quite distinct from the marks of Iowa and USM) are similar to each other is not relevant to our analysis, and has no bearing on the question of whether the marks in this case are likely to cause confusion.?

In his conclusion, Bucher wrote that he sided with Iowa out of caution and precedent.

The lone dissenter on the board was administrative trademark judge Tom Wellington, who largely supported USM?s case in a brief dissenting opinion.

He wrote that he does not believe there is a likelihood of confusion and that ?the parties? marks may be distinguished as two visually different bird head logos being used in connection with two different sports teams, albeit on the same goods.?

[Mongoose]

Southern Miss -

Iowa -

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

[mmejia]

^^^

Your Southern Miss logo didn't show up.. here ya go:

[Mac the Knife]

If this is the type of standard a court is going to use, there are going to be a helluva lot of these suits pop up in the near future just within the world of sports.

[Brave-Bird 08]

One looks like a 5 year old made it.

The other is in my top 5 logos in college football. Should be on SouthernMiss' helmet (college football redesign series spoiler)

This makes me sad. wtf

[GeauxColonels]

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

I agree. They're very different from each other.

[Gothamite]

If this is the type of standard a court is going to use, there are going to be a helluva lot of these suits pop up in the near future just within the world of sports.

It's the standard already in use. See Southern California v. South Carolina.

[hawk36]

Southern Miss -

Iowa -

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

Sad. Seems they should let actual designers rule on this since the judges obviously don't have an eye for design. Very different. No confusion between the two.

Wonder if they'll go after this logo too that we did back in 2000 for a national park in Italy.

[McCall]

Southern Miss -

Iowa -

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

Sad. Seems they should let actual designers rule on this since the judges obviously don't have an eye for design. Very different. No confusion between the two.

No kidding. The rule is a logo must be changed 20%, that is if it is THAT similar to another logo. This situation is not that close, and even if it was, it's definitely more than 20% different. These judges probably just saw a yellow and black bird's head and decided they were too similar.

[Gothamite]

The rule is a logo must be changed 20%, that is if it is THAT similar to another logo.

Common misconception - where did you hear this?

[McCall]

The rule is a logo must be changed 20%, that is if it is THAT similar to another logo.

Common misconception - where did you hear this?

Graphic Design I class in college.

[scottysprings]

The rule is a logo must be changed 20%, that is if it is THAT similar to another logo.

Common misconception - where did you hear this?

Graphic Design I class in college.

How do you determine percentages of a logo?

[Gothamite]

What college? We've had professional designers and intellectual property lawyers thoroughly debunk it.

Frankly, the notion is ludicrous. As scottysprings points out. If I were to start with the New York Yankees logo, there's no percentage I could change it to make it my own.

[BBTV]

Southern Miss -

Iowa -

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

Sad. Seems they should let actual designers rule on this since the judges obviously don't have an eye for design. Very different. No confusion between the two.

That's exactly why actual designers shouldn't rule on it. We can all easily discern the differences in the logos, and really between any two logos. That's not the point though. The point is that average Joe who doesn't have the same eye for detail can't tell, and could be intentionally or unintentionally fooled. Not saying one way or the other if these are too close or not, just that it's better interpreted by average people, maybe with the counsel of designers.

Also, that 20% thing sounds like a bunch of garbage. Let's see that in writing from some legitimate source.

[altosax29b]

This is unfortunate and unfair.

[oddball]

Southern Miss -

Iowa -

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

Sad. Seems they should let actual designers rule on this since the judges obviously don't have an eye for design. Very different. No confusion between the two.

That's exactly why actual designers shouldn't rule on it. We can all easily discern the differences in the logos, and really between any two logos. That's not the point though. The point is that average Joe who doesn't have the same eye for detail can't tell, and could be intentionally or unintentionally fooled. Not saying one way or the other if these are too close or not, just that it's better interpreted by average people, maybe with the counsel of designers.

Also, that 20% thing sounds like a bunch of garbage. Let's see that in writing from some legitimate source.

For those who think there is a 20% rule, you better have a large sum of money, because you're going to be sued a lot! According to the Graphic Artist Guild book, if the main IDEA of the image is taken it's a copyright infringement and that means if you give to Joe Schmo on the street and you ask them if these look similar and they do, then they are similar. That's how the court looks at it, not if they are different but if there are any similarities to each other. That's the issue with this logo from Southern Miss, is it has similarities that to the average person (not us) can and will be confused with Iowa's logo. While I a sports fan can tell the difference (the Iowa logo is much better designed), the average person out there won't be able to tell the difference. All you have to do is print out both logos walk outside and ask people one simple question, "Could these logos come from the same university?" A lot of people will answer, "Yes." That is why it's an infringement case. That's the same reason why South Carolina and USC had their issues. We as fans of sport, need to realize that because we know the difference between two similar logos from two different teams, 75% of the rest of the world doesn't and a logo is a unique identity to that school/team.

[Cosmic]

?The overall similarity in appearance of the marks on the goods, particularly in light of the use of identical color schemes, creates virtually identical commercial impressions.?

That means the judge thinks the marks are too similar even without the color similarities. I think they are about as different as you can get considering that they're both bird heads. While I am on a sports logo MB, I don't have the designer's eye. While I could see the USM logo as a theoretical logo for a team called the Iowa Hawkeyes with a yellow and black scheme, it doesn't look anything like the actual logo they use now. I wonder where the line is? These rulings should be issued in a Q&A session. What if USM changed color schemes? What if they only use a full-bodied bird? What if they use Vegas gold?

Anyone else interested in seeing the other bird head logos that the USM lawyers used that the judge said don't look anything like the Iowa logo?

[Cosmic]

Southern Miss -

Iowa -

Both logos are yellow, and feature the head of a bird, but besides that I don't think that these two logos are really all that similar. Iowa has to understand that there is going to be some similarities, since both schools have the same color scheme and a bird mascot, but despite these similaririties, the two logos are actually pretty different. Iowa's logo is a retro design, while Southern Miss' logo features a more modern design. There are also body differences, such as open beak on Iowa's logo, and a closed beak on Southern Miss' logo. Iowa also only used a circle for the eye, while Southern Miss used a different color.

Sad. Seems they should let actual designers rule on this since the judges obviously don't have an eye for design. Very different. No confusion between the two.

That's exactly why actual designers shouldn't rule on it. We can all easily discern the differences in the logos, and really between any two logos. That's not the point though. The point is that average Joe who doesn't have the same eye for detail can't tell, and could be intentionally or unintentionally fooled. Not saying one way or the other if these are too close or not, just that it's better interpreted by average people, maybe with the counsel of designers.

Also, that 20% thing sounds like a bunch of garbage. Let's see that in writing from some legitimate source.

For those who think there is a 20% rule, you better have a large sum of money, because you're going to be sued a lot! According to the Graphic Artist Guild book, if the main IDEA of the image is taken it's a copyright infringement and that means if you give to Joe Schmo on the street and you ask them if these look similar and they do, then they are similar. That's how the court looks at it, not if they are different but if there are any similarities to each other. That's the issue with this logo from Southern Miss, is it has similarities that to the average person (not us) can and will be confused with Iowa's logo. While I a sports fan can tell the difference (the Iowa logo is much better designed), the average person out there won't be able to tell the difference. All you have to do is print out both logos walk outside and ask people one simple question, "Could these logos come from the same university?" A lot of people will answer, "Yes." That is why it's an infringement case. That's the same reason why South Carolina and USC had their issues. We as fans of sport, need to realize that because we know the difference between two similar logos from two different teams, 75% of the rest of the world doesn't and a logo is a unique identity to that school/team.

I would argue that these same "average" people would say that the Texans and Cowboys marks could be from the same team because they both use a five point star.

Using this standard, any yellow bird logo "could" come from Iowa.

[Gothamite]

I would argue that these same "average" people would say that the Texans and Cowboys marks could be from the same team because they both use a five point star.

You would be free to argue that in court.

That's not the case here, though.

[Mingjai]

I just want to point out that this is a trademark case, not a copyright case. Whereas copyright infringement is concerned with misappropriation of a protected work, trademark infringement is concerned with the likelihood of confusion among consumers that the products bearing the marks originated from the same producer. As a copyright case, the outcome could be different because a different test of infringement would be applied.

While I think this case could go either way, those criticizing the decision should read the actual opinion instead of basing their criticism on the snippet some journalist though was important: http://ttabvue.uspto.gov/ttabvue/ttabvue-91164745-OPP-139.pdf. The court takes up about 30 pages to assess the likelihood of confusion beginning at page 19 of the decision. Whether you agree with the outcome, I recommend reading the substantive portion of this decision to everyone here on this board.