Trademarks (fwd)

Mike Nolan

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Jun 25, 2000, 3:00:00 AM6/25/00

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: From: "George Graham" <ggr...@bigred.net>

: The University has trademarked Huskers, in conjunction with the logo
: normally associated with that. However, that so far has not entitled them
: to all rights associated with the word huskers.
:
: For example, UNL has been unsuccesful in wresting huskers.com away from
: the current owners who won't give it up for less than $200,000.

Check again, George. huskers.com is now registered to "Board of Reagents
of the University of Nebraska". The spelling error is in the registry.

To my knowledge UNL has not yet tried to restrict people from using huskers
in other contexts such as in the user name portion of a net address or
on a prestige license plate.
--
Mike Nolan

George Graham

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Jun 26, 2000, 3:00:00 AM6/26/00

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I stand corrected, looks like that happened on the 16th of June. I wonder if they purchased it? Anyone know?

:

George Graham
Cornhusker.Net
ggr...@cornhusker.net

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Prg...@aol.com

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Jun 27, 2000, 3:00:00 AM6/27/00

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While on the subject of trademarks, is it legal to make something for your
own use with the logo on it? Said another way, can I make a t-shirt with the
Husker logo on it to be worn by me and not for resale?

I happen to work for a company that is very sensative about its trademarks.
Many people don't understand why unless they have experience with them.
After my recent experiences I don't blame any entity for protecting what is
theirs.

Paul G

Mike Nolan

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Jun 27, 2000, 3:00:00 AM6/27/00

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: While on the subject of trademarks, is it legal to make something for your

: own use with the logo on it? Said another way, can I make a t-shirt with the
: Husker logo on it to be worn by me and not for resale?

In effect you are asking if there is an exception to trademarks like there
is for copyrights for personal use.

I don't think the law specifically permits it, but I also doubt the T-shirt
police or even campus security are going to rip such a shirt off your back.

This question is exactly the kind of question that is best asked elsewhere.
:-)
--
Mike Nolan

Doug Sorensen

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Jun 29, 2000, 3:00:00 AM6/29/00

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: While on the subject of trademarks, is it legal to make something
: for your
: own use with the logo on it? Said another way, can I make a
: t-shirt with the
: Husker logo on it to be worn by me and not for resale?

:

The very unsatisfying answer is probably. A trademark is infringed when you
confuse someone about the source of goods for sale (it's a little more
complicated than that statement, particularly with sports teams, but the
statement is 90% accurate). Since you aren't selling anything, it's
unlikely that anyone will be confused. OTOH, an argument could be made that
you are somehow affecting the distinctiveness of the mark. It would be a
tortuous argument, but trademark case law is full of tortuous arguments that
were accepted.

Mike had the best real life answer. Why would UNL care? Further, why would
they want the PR nightmare from suing enthusiastic fan when he isn't selling
anything?

Doug

Dirk Diggler

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Jun 29, 2000, 3:00:00 AM6/29/00

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Because they are losing royalty revenue. If they let him do it, then others
may follow. The balance would of course be the bad PR from suing an
enthusiastic fan. Remember the kid who wore a Pepsi shirt to a
Coke-sanctioned event? Of course he also suffered from bad taste (pun
intended).

Doug Sorensen <dougso...@earthlink.net> wrote in message
news:002a01bfe1e7$4ee9bfa0$a980...@corp.ti.com...

m. cameron

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Jun 30, 2000, 3:00:00 AM6/30/00

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Again I think there is confusion as to what a trademark infringement would
be. Not every use of a trademark is an infringement. For example if you
paint the logo on your body before going to a football game I doubt
that you could be sued for trademark infringement. Another clear example
is when Pepsi uses Coca-Cola's trademark in a commercial. They do not
have to get permission to do so and are not infringing the
trademark.

That said the initial question was whether someone could make their own
T-shirt with a logo and wear it. I agree with Doug that it is not a
problem. I am assuming that you are making it at home with your own
artistic abilities. Since it is a noncommercial use, I don't think it
can lead to any confusion about the source of the trademark.

If instead you are talking about going to a t-shirt store and having them
design one, then trademark becomes a bigger issue. Presumably they would
be using a pattern to make the shirt. I would guess that on most patterns
someone has paid a royalty and there would be no infringement. Of course
it is possible that it could be a counterfeit pattern on which no
trademark royalty has been paid. If you are really concerned about it you
could ask the store if they are using patterns on which a royalty has been
paid and only using those patterns.

Finally, there is no way that you could possibly be sued in this
(realistically). It is hard to imagine UNL going after someone for making
a t-shirt at home. As for the argument that letting him do it will lead
to others following, that argument makes no sense. How many people are
sitting at home making their own t-shirts? Not too many. Furthermore,
how much revenue are they losing from a $15 t-shirt. $1? How much money
does UNL lose annually from such activity. $100, $1000? Would a lawsuit
against 1 person stop that? It seems highly unlikely. They will not
waste their time with lawyers, filing fees, other court costs, plus making
a federal judge very angry for wasting his time. The only way you would
get in trouble would be if you started to give them away.

If you are buying it from a t-shirt store they may be interested in suing
THE STORE. They would not go after a customer.

On Thu, 29 Jun 2000, Dirk Diggler wrote:

: Because they are losing royalty revenue. If they let him do it, then others

: >
:
: