Jump to content

Notre Dame goes after Kansas High School


topcityhockey

Recommended Posts

Hi everybody, just saw this Notre Dame forces school to quit using logo I ,like the majority of the rest of you, definitely respect the rights of copyright and trademark but I think that in this case Notre Dame could've done more for themselves by doing a limited license to the school. I also have to wonder- at what point should there be a statute of limitations that would prevent a copyright holder from suing after a logo has been used for so long?

Link to comment
Share on other sites

  • Replies 68
  • Created
  • Last Reply

I'd love to have a lawyer chime in on this, but my understanding is that the amount of time they've been using it isn't as important as how long Notre Dame has known about it. Otherwise small schools could steal with impunity.

I don't see any great benefit to granting the school any kind of license to use the logo. Notre Dame has every right to an exclusive use of their own property. There's an argument that spreading the mark around diminishes it.

Link to comment
Share on other sites

Agreed with Gothamite. If I steal your watch, and just hide it from you for 3 years, it's not like it becomes mine (or at least it shouldn't be like that.) But if I wear it in plain sight of you, and you acknowledge that I'm wearing it, then at least I have an argument that it wasn't theft because you knew about it and your lack of objection equaled consent.

Link to comment
Share on other sites

I'd love to have a lawyer chime in on this, but my understanding is that the amount of time they've been using it isn't as important as how long Notre Dame has known about it. Otherwise small schools could steal with impunity.

I don't see any great benefit to granting the school any kind of license to use the logo. Notre Dame has every right to an exclusive use of their own property. There's an argument that spreading the mark around diminishes it.

Yep, it's called the doctrine of laches--the idea the equity aids the vigilant, not those who have slept on their rights. The focus in on whether the rights holder delayed unreasonably in enforcing their rights and whether that delay unduly prejudices the offender. Laches requires that the rights holder know or should have known about the illicit use.

There should not be a statue of limitations to enforcement--there's no justification to allow illicit users to acquire rights to intellectual property simply by using the property long enough. In real property, squatters can acquire rights under the doctrine of adverse possession, but the justification there is that if the land isn't being used by the original owner, it should go to someone who is using it. Land is scarce, and efficient use of it should be encouraged.

Notre Dame has the rights to exclude any other team from using their IP, and they have no obligation to license it, especially if licensing it diminishes its value.

Link to comment
Share on other sites

I wonder if some of these schools in my state would get in trouble.... And these are just the teams that use COLLEGE logos. I have some NBA and NFL too.

CollegeOffenders.jpg

And FooMaster is right... IDK how many Michigan/Princeton helmet ripoffs there are out there. Looking at MGHelmets.com specifically in Michigan there has to be at least 30.

Link to comment
Share on other sites

A high school near me uses this as their logo:

chaminade.jpg

As for this logo, and any other NFL logos, the NFL has stated that it likes to see the use of its marks by high schools, pop warner teams, etc.

Only if those schools and teams keep the same color scheme. Recolors and alterations are not allowed.

Link to comment
Share on other sites

A high school near me uses this as their logo:

chaminade.jpg

As for this logo, and any other NFL logos, the NFL has stated that it likes to see the use of its marks by high schools, pop warner teams, etc.

Only if those schools and teams keep the same color scheme. Recolors and alterations are not allowed.

Guess that would get into trouble all those countless "Eagles" in state that use the Philly Eagles logo, just recolored.

Link to comment
Share on other sites

My old high school is using the Eagles logo recolored as green and gold. They even slapped it on water tower by a major freeway. Here's their helmet next to the only one in the district with an modern original (if kinda dumb) logo (all the other districts orginal logos have been replaced with ripoff logos).

CyFalls-v-CyRanch.jpg

The worst part is that they have produced plenty of talented artists among the alumni. They couldn't get some free work from them?

Link to comment
Share on other sites

at what point should there be a statute of limitations that would prevent a copyright holder from suing after a logo has been used for so long?

At the point where other schools stop using copyrighted material.

That's about the size of it.

Negative. That IS the size of it.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

Guest
This topic is now closed to further replies.



×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.