Trademark - Waukee was just the Beginning

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Originally Posted by Cyforce

I think Waukee should of told them where to go.
Wisky does not own the letter W.

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http://www.takoma.com/takomasilversports/Wisconsin.jpg

You see that little "TM" to the lower right hand of the logo? That means that they legally own this particular "W" and can tell Waukee to cease the use of it. In fact, Davenport High Schools stopped using collegiate logos nearly a decade ago because of this issue (Davenport West used Wisconsin's logo, North used K-State's, and Central used Arizona State's).

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Originally Posted by isubeatle

While they don't own the letter "W" a logo is a logo. i don't know what the Waukee "W" looked like, but if it looked exactly like Wisconsin's "W" then yeah they shouldn't be able to use it.

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HA! If you want to translate logos to art to music, as a musician, I know that some of the best music is used to create new art.

You are not hurt by your logo being used by a high school. I think that your logo gets more recognition because many people going to Pop Warner games, LL games, HS games and COLLEGE (Should Michigan sue Delaware and Princeton?) games would say- "Hey- isn't that the Hawkeye Logo? (IKM Softball, Manilla, IA)"

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Originally Posted by CyLoboClone

HA! If you want to translate logos to art to music, as a musician, I know that some of the best music is used to create new art.

You are not hurt by your logo being used by a high school. I think that your logo gets more recognition because many people going to Pop Warner games, LL games, HS games and COLLEGE (Should Michigan sue Delaware and Princeton?) games would say- "Hey- isn't that the Hawkeye Logo? (IKM Softball, Manilla, IA)"

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Except where you're selling tshirts with that logo on it and the University isn't seeing any of the money from it...

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Originally Posted by Clones33

As far as Urbandale's U. I was actually the person who designed the new U. Urbandale got in trouble with Kansas with their old Jayhawk and now have the cartoon character. When I came up with the new U, our AD checked with Miami and since the line is slanted and off-center, Miami has no issue with it. They don't own the letter U. (But yeah, I definitely modeled it after Miami...)

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Originally Posted by Knownothing

Urbandale is flat out ripping the University of Miami and it honestly looks stupid. Miami looks good when they have it. Urbandale just looks like a bunch of wannabes.

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I just thought this was funny since the second message was posted right after the first. Tell em how you really feel Knownothing lol

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Originally Posted by CyLoboClone

HA! If you want to translate logos to art to music, as a musician, I know that some of the best music is used to create new art.

You are not hurt by your logo being used by a high school. I think that your logo gets more recognition because many people going to Pop Warner games, LL games, HS games and COLLEGE (Should Michigan sue Delaware and Princeton?) games would say- "Hey- isn't that the Hawkeye Logo? (IKM Softball, Manilla, IA)"

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HA! interesting but not the same. A trademarked logo is a trademarked logo. it's one thing to use use a design as an inspiration and even incorporate certain aspects in your own design. But using the exact same design and changing the colors is not the same as sampling in music.

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Originally Posted by CyLoboClone

HA! If you want to translate logos to art to music, as a musician, I know that some of the best music is used to create new art.

You are not hurt by your logo being used by a high school. I think that your logo gets more recognition because many people going to Pop Warner games, LL games, HS games and COLLEGE (Should Michigan sue Delaware and Princeton?) games would say- "Hey- isn't that the Hawkeye Logo? (IKM Softball, Manilla, IA)"

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Originally Posted by IcSyU

Except where you're selling tshirts with that logo on it and the University isn't seeing any of the money from it...

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Before people continue making asinine comments about how Wisconsin is screwing over Waukee or any other high school using their trademarked logo, or how Wisconsin has no case, or that they aren't being damaged, they probably should read up on their intellectual property law...

Intellectual property - Wikipedia, the free encyclopedia

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Originally Posted by jdoggivjc

Before people continue making asinine comments about how Wisconsin is screwing over Waukee or any other high school using their trademarked logo, or how Wisconsin has no case, or that they aren't being damaged, they probably should read up on their intellectual property law...

Intellectual property - Wikipedia, the free encyclopedia

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What is Advanced Business Law with Larry Curtis? :wink:

Dilution

Main article: Trademark dilution
A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source. In other words, unlike ordinary trademark law, dilution protection extends to trademark uses that do not confuse consumers regarding who has made a product. Instead, dilution protection law aims to protect sufficiently strong trademarks from losing their singular association in the public mind with a particular product, perhaps imagined if the trademark were to be encountered independently of any product (e.g., just the word Pepsi spoken, or on a billboard). Under trademark law, dilution occurs either when unauthorized use of a mark "blurs" the "distinctive nature of the mark" or "tarnishes it." Likelihood of confusion is not required. 15 U.S.C §§ 1127, 1125(c).



Which means if Waukee's using the logo, even if they vary it slightly to "distinguish" itself from Wisconsin, they are diluting the Wisconsin brand in the Des Moines market, even though Waukee does not compete with Wisconsin.

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Originally Posted by jdoggivjc

Dilution

Main article: Trademark dilution
A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source. In other words, unlike ordinary trademark law, dilution protection extends to trademark uses that do not confuse consumers regarding who has made a product. Instead, dilution protection law aims to protect sufficiently strong trademarks from losing their singular association in the public mind with a particular product, perhaps imagined if the trademark were to be encountered independently of any product (e.g., just the word Pepsi spoken, or on a billboard). Under trademark law, dilution occurs either when unauthorized use of a mark "blurs" the "distinctive nature of the mark" or "tarnishes it." Likelihood of confusion is not required. 15 U.S.C §§ 1127, 1125(c).



Which means if Waukee's using the logo, even if they vary it slightly to "distinguish" itself from Wisconsin, they are diluting the Wisconsin brand in the Des Moines market, even though Waukee does not compete with Wisconsin.

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Techically couldn't someone that trademarked a symbol with a "W" prior to Wisconsin make that argument against Wisconsin then? The Alphabet/Numbers/etc. are such common ground any slight variation would differ you from another.

My problem is what gives them the right to the W or even the font design they use? There shouldn't be any issue if the symbol is changed, as Waukee did by chopping off the middle block on the W, and then eventually differing the tilt.

UW is still hypocritical because they let numerous Wisconsin high schools use the exact same symbol. Waukee should raise a stink and threaten that all high schools change their symbols, my guess is some in Wisconsin would object.

From the wiki:

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Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions. In the case of a trademark registration, failure to ... enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use". It is not necessary for a trademark owner to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential. This is designed to prevent owners from continually being tied up in litigation for fear of cancellation. An owner can at any time commence action for infringement against a third party as long as it had not previously notified the third party of its discontent following third party use and then failed to take action within a reasonable period of time (called acquiescence). The owner can always reserve the right to take legal action until a court decides that the third party had gained notoriety which the owner 'must' have been aware of. It will be for the third party to prove their use of the mark is substantial as it is the onus of a company using a mark to check they are not infringing previously registered rights. In the US, owing to the overwhelming number of unregistered rights, trademark applicants are advised to perform searches not just of the trademark register but of local business directories and relevant trade press. Specialized search companies perform such tasks prior to application.

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So, whoever owns the mark must enforce the trademark in order to maintain the trademark. If someone is infringing but the owner doesn't think it's a big deal, they don't have to take action (UW against Wisconsin high schools, UofI against Iowa City High). It's up to the high school to determine if their mark might infringe on someone else's trademark (which it normally does - high schools copy pro/college mascots all the time).

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Originally Posted by delt4cy

UW is still hypocritical because they let numerous Wisconsin high schools use the exact same symbol. Waukee should raise a stink and threaten that all high schools change their symbols, my guess is some in Wisconsin would object.

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Maybe UW already has an agreement in place with those high schools.

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Originally Posted by Clones33

Colleges are doing this because legally they have to request a licensing fee for EVERYONE who uses their image for it to hold up in court. While high schools are not using the logos for profit, many other local businesses do. For schools like Wisconsin (Waukee's W) to be able to go after the local car dealership, they must also go after all other instances of the trademark being used illegally.

Yes, it is stupid, but from what I understand, that is they reasoning behind it and the colleges don't feel great about it either.

As far as Urbandale's U. I was actually the person who designed the new U. Urbandale got in trouble with Kansas with their old Jayhawk and now have the cartoon character. When I came up with the new U, our AD checked with Miami and since the line is slanted and off-center, Miami has no issue with it. They don't own the letter U. (But yeah, I definitely modeled it after Miami...)

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I hope Iowa State doesn't try to use this one!! (Harlan) :wink::jimlad:

Does ISU charge Treynor, IA or Sun Valley, WI?

TreynorFan.com Home - Treynor IA Cardinals Sports, live broadcast, basketball, football, wrestling, volleyball, soccer, swimming, baseball, golf, tennis, cross country, track, cheerleading

Sun Prairie High School - Sun Prairie Area School District

http://www.treynorfan.com/toolimages/1264551609

Here's a comparison of Wisconsin and Waukee, that led to the original dust-up:

http://www.schwimmerlegal.com/w%20v%20w%20logos.jpg

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Originally Posted by isubeatle

HA! interesting but not the same. A trademarked logo is a trademarked logo. it's one thing to use use a design as an inspiration and even incorporate certain aspects in your own design. But using the exact same design and changing the colors is not the same as sampling in music.

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I wonder what Ames' inspiration was when designing their logo...
Ames High Athletics. Org

The A with HIGH at the top of the page looks a lot like the I State logo...especially the HIGH font.