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leestoresund

leestoresund

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There are continuing threads regarding copyright of school logos.

This is a story on the most recent appellate decision on that topic.

I do not intend this to be legal advice but merely research where you can make your own decision.

If this offends the rules I will not be offended if it is taken off.
University of Alabama Board of Trustees v. New Life Art Inc., Nos. 09-16412 and 10-10092.

You'll have to find your own link.

Lee
 
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sooooo... that means making a crimson and whatever color pen would be a no no? baloney. Maybe setting up a stand outside the stadium during a game would be uncool - but if you had loads of pens in loads of colors I don't see where the problem is. unless you start putting team logos on your pens - which I wouldn't recommend.
 
Without reading the entire 40 page file, it seems that using school colors was allowed in this instance, but logos were not. Is that about right, or did I skim past something big?
 
I dug up that decision -- an important point is that it is about TRADEMARKS rather than copyrights.

TRADEMARKS are defended, and must be defended rigerously by the holder - in this case, the University. Failure to defend, can result on loss of the trademark. The loss of trademark makes the difference betweek Coca Cola trademark and generic Coke.

The governent does not defend, or sue concerning trademark infringements. Big bucks in licensing and it is watched closely.

Selling a crimson pen is one thing -- advertising and selling a crimson pen as being a trademarked item is another in terms of risk, and consequence.
 
Brian -- that is part of the difference between Trademark and Copyright --

Violation of copyright is not something you get arrested for as a violation of penal code.

It is something you can have a claim made against you that that can be enforced in court and a judgement against you can be expensive. Decide what you are willing to lose financially before you go there.
 
interesting read. I see the connection to pen making. My pockets are not nearly deep enough to take the chance though.
 
The issue has nothing to do with 2 colors on a pen. There is nothing in trademark or copyright that can protect that. If you advertise the colors as belonging to a football team you may get in trouble but the pen color would never hold up in court. Don't forget, artistic expression is allowed and as long as you don't misrepresent something you should be fine.
 
watch_art said:
sooooo... that means making a crimson and whatever color pen would be a no no? baloney. Maybe setting up a stand outside the stadium during a game would be uncool - but if you had loads of pens in loads of colors I don't see where the problem is. unless you start putting team logos on your pens - which I wouldn't recommend.
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Nah - University of Alabama Lost...but they clamed that the colors in a football uniform violated a trademark or something...not just the colors.
 
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thewishman said:
Without reading the entire 40 page file, it seems that using school colors was allowed in this instance, but logos were not. Is that about right, or did I skim past something big?
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Logos were not the issue....The defendant was not accused of unsing logos. He was accused of maiking paintings of great University of Alabama plays that showed their players in uniform. As I read it the University lost for a number of reasons.
 
I guess if I had a crimson and white pen for sale that would not infringe on University of Alabama's copy rights law, however, if I put an "A" on the pen then would that be infringement I guess. I've seen a lot of Alabama "stuff" for sale at flea markets and I bet those sellers did not have a license to sell Alabama T shirts. I read the court case on New Life Art VS University of Alabama. It is all about $$$.
 
Wright said:
I guess if I had a crimson and white pen for sale that would not infringe on University of Alabama's copy rights law, however, if I put an "A" on the pen then would that be infringement I guess. I've seen a lot of Alabama "stuff" for sale at flea markets and I bet those sellers did not have a license to sell Alabama T shirts. I read the court case on New Life Art VS University of Alabama. It is all about $$$.
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If you were in Alabama it might but only because of the "A" not because of the colors. There are many colleges and universities that sport red and white colors as well as several tons of high schools.
 
Wright said:
I guess if I had a crimson and white pen for sale that would not infringe on University of Alabama's copy rights law, however, if I put an "A" on the pen then would that be infringement I guess. I've seen a lot of Alabama "stuff" for sale at flea markets and I bet those sellers did not have a license to sell Alabama T shirts. I read the court case on New Life Art VS University of Alabama. It is all about $$$.
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I suspect that it would depend on the A. When using the 'A' alone, UofA uses a very specific font. If you made a crimson pen with an A in a font similar to theirs, you would be asking for it.
 
sbell111 said:
Wright said:
I guess if I had a crimson and white pen for sale that would not infringe on University of Alabama's copy rights law, however, if I put an "A" on the pen then would that be infringement I guess. I've seen a lot of Alabama "stuff" for sale at flea markets and I bet those sellers did not have a license to sell Alabama T shirts. I read the court case on New Life Art VS University of Alabama. It is all about $$$.
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I suspect that it would depend on the A. When using the 'A' alone, UofA uses a very specific font. If you made a crimson pen with an A in a font similar to theirs, you would be asking for it.
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I would think that you'd also have to be somewhere in or close to Alabama or actually be representing the pen to be associated with The U of Alabama.

The University of Arkansas, plays in the same conference and also has red and white colors and Arkansas also starts with an "A". Albeit perhaps a little different shade of red.
 
Show this to anyone who knows College football, and most likely College sports, and they are going to tell you it's the University of Alabama.

http://services.flikie.com/view/v3/android/wallpapers/33571842?m=fullscreen


Same for a Crimson Helmet with a white number on the side.

Bama.

White Tiger Paw print on an Orange background

Clemson Tigers.

Gold "M" on a blue background

Michigan Wolverines.

Doesn't matter what state you are in.

People may not know the trademarks of Northern Illinois, but the top 25-30 teams traditionally. They are known very well.
 
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With trademarks -- making something and selling one is not going to bring the requirement to defend trademarks down upon you--

Now if you were going to advertise it -- especially on a web page, then you will begin to attract attention - the wrong kind of attention.

Kind of like the folks who post the violations of fish and game laws on Facebook and wonder why the enforcement folks are knocking on the door.

Personally, I will not post a pen or other item here that could be construed at getting into the Trademark of a College or professional sports team -- too easy to get a claim sent to you. Granted, I am being conservative, but a firm I am associated with got inadvertently caught up in trademark issues and the cost was very high.
 
Russianwolf said:
Show this to anyone who knows College football, and most likely College sports, and they are going to tell you it's the University of Alabama.

Alabama Crimson Tide Football


Same for a Crimson Helmet with a white number on the side.

Bama.

White Tiger Paw print on an Orange background

Clemson Tigers.

Gold "M" on a blue background

Michigan Wolverines.

Doesn't matter what state you are in.

People may not know the trademarks of Northern Illinois, but the top 25-30 teams traditionally. They are known very well.
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Reproductions of football helmets is not what was being talked about. I agree that most of the major collegs have destinctive helmets.

What was being talked about was a pen with the red and white colors and an "A".
 
Yes, I was talking about a red and white pen with an "A" on it. I believe you can sell red and white pens all day long with no problem. Now, if I add the red fancy "A" that U of Alabama sells on their products then I probably would be crossing the line into a trade mark issue. Take U of Auburn. Their colors are blue and orange. Seen lot of blue and orange pens for sell as well. Is the fancy "A" on Alabama products "their" trade mark or is it the U of Alabama collage seal? All collages have their seal and I know that the seal is for sure a trade mark to that collage. What do you think?
 
Wright said:
Yes, I was talking about a red and white pen with an "A" on it. I believe you can sell red and white pens all day long with no problem. Now, if I add the red fancy "A" that U of Alabama sells on their products then I probably would be crossing the line into a trade mark issue. Take U of Auburn. Their colors are blue and orange. Seen lot of blue and orange pens for sell as well. Is the fancy "A" on Alabama products "their" trade mark or is it the U of Alabama collage seal? All collages have their seal and I know that the seal is for sure a trade mark to that collage. What do you think?
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Anything that indicates The University of Alabama comes under the protected stuff - probably they have a list of stuff that if you asked they would give you.

Other things like, names and reproductions of some of the buildings that can be easily identified as The U of A, would also be included along with the seal.
 
beck3906 said:
Specifically to the University of Alabama, here's a link to their trademarks.

ALABAMA CRIMSON TIDE - University of Alabama Official Athletic Site - University of Alabama

Additionally, they have licensed the phrase "Roll Tide" and collect a $1 fine from anyone who says the phrase. Apparently there's a trained group of folks who walk around campus on gameday collecting the fine. The link above has a connection to the legal discussion of this fine.
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That has to be a joke.....You can't licence a spoken phrase.

Even if they could copyright it (which they can't) they could not prevent (or charge for) people saying it. First Amendment of the US Constitution.
 
Russianwolf said:
Smitty37 said:
Russianwolf said:
that was an April fools article in the campus paper. Similar to what Lee Valley puts out every year. (Still waiting on that pocket dovetailer Lee Valley Tools - Important Announcement)

Just don't try singing Happy Birthday on the Radio or TV without paying the royalty. :redface:
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In post #24 I said "That has to be a joke...."
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I was adding support to your comment.
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Sorry, I thought you might have missed my post ....:smile:
 
Boy, you had me fooled! I really thought the U of Alabama had gone off the deep end! I don't guess I'll be making any pens with U of Alabama colors and their fancy "A" this fall to sell!! I guess I'll make some for my family for gift's since there will be no profit in it! I enjoy seeing family and friends faces when I give them a pen. The always say, "you mean you made this!!"
 
Wright said:
Boy, you had me fooled! I really thought the U of Alabama had gone off the deep end! I don't guess I'll be making any pens with U of Alabama colors and their fancy "A" this fall to sell!! I guess I'll make some for my family for gift's since there will be no profit in it! I enjoy seeing family and friends faces when I give them a pen. The always say, "you mean you made this!!"
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Well I know if you make one for your personal use and don't offer or advertise it for sale or in connection with the pens you do sell---they can't come after you. Making more than one.....??????? but they'd probably never find out.
 
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