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Author Topic: High School using University Logo  (Read 2830 times)

RGEagle30

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High School using University Logo
« on: 05-10-04 at 08:58 am »

Can a high school be sued or forced to stop using the logo of a public university?
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Dave41

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Re: High School using University Logo
« Reply #1 on: 05-11-04 at 10:57 am »

If you refer back to the post titled "Use of NFL Logo by Public High School" (especially Mr. Clark's last post), you can get an idea of some of the issues involved in this situation.
I think the issues would be very similar.
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M. Arthur Auslander

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Re: High School using University Logo
« Reply #2 on: 05-11-04 at 12:25 pm »

Dear Dave41,

Wow I just made a reply at how good your answers are and then I found this answer.

If you are not a lawyer, your legal insight is much better than average. If you are a lawyer your clients ought to be in good hands.
« Last Edit: 05-11-04 at 12:27 pm by M_Arthur_Auslander »
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
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7185430266, aus@auslander.com
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RGEagle30

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Re: High School using University Logo
« Reply #3 on: 05-13-04 at 05:46 am »

Any example of a college or university actually taking a public school to court?
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M_Arthur_Auslander

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Re: High School using University Logo
« Reply #4 on: 05-13-04 at 04:19 pm »

Dear RGEagle30,

I'm not going to waste time to find a case. There may be few if any. Usually a lawyers letter is enough to stop the use. What is more applications may be rejected in the PTO.
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RGEagle30

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Re: High School using University Logo
« Reply #5 on: 05-17-04 at 06:12 am »

How much does a logo need to be changed to not be in violation of Trademark Law?



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M_Arthur_Auslander

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Re: High School using University Logo
« Reply #6 on: 05-18-04 at 04:55 am »

Dear RGEagle30,

Enough so that there is no likelyhood of confusion.
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m

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Re: High School using University Logo
« Reply #7 on: 05-23-04 at 02:03 am »


The threshold is even lower if you consider dilution: not even a degree of confusion, mere association and forseeability of tarnishment/blurring may be sufficient.
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RGEagle30

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Re: High School using University Logo
« Reply #8 on: 05-26-04 at 04:16 am »

High School "A" in Texas uses the same logo as University "B" in Michigan.
A's colors are Red and Black
B's colors are Black and Gold
A's mascot is a Mustang
B's mascot is a Bronco

B has registered the mark.

No one would confuse the two thinking one was the other.  Has the high school violated trademark law?
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M_Arthur_Auslander

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Re: High School using University Logo
« Reply #9 on: 05-26-04 at 05:25 am »

Dear  RGEagle30,

Looks like it.
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