God forbid I should try to contradict an attorney and a minister at the same time, but…
This isn’t the first time the U of F has gone after a high school about this. The other, I recall, was a school in Louisiana. They had a Gator head on their gym floor. Here’s what I think the University is trying to avoid. Dilution Main article: Trademark dilution <http://en.wikipedia.org/wiki/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 <http://en.wikipedia.org/wiki/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). This is from Wikipedia and is admittedly not the best explanation, but I think this expresses what the University is trying to do. The Gator head on the floor in the day school is a good example of this dilution. It is our Gator head with green around it. That… is dilution. Oliver Barry CRS,GRI Real Estate Broker Bob Parks Realty 1517 Hunt Club Blvd Gallatin TN 37066 Phone: 615-826-4040 Fax: 615-822-2027 Mobile: 615-972-4239 _____ From: [email protected] [mailto:[email protected]] On Behalf Of Jerry Belloit Sent: Wednesday, September 22, 2010 12:45 PM To: [email protected] Subject: RE: [gatortalk] Re: [gatornews] [SUN]: UF takes on high schools to protect logo --- 9/21 23:01 --- [Crabbe] Thanks Zeb, You make the point more eloquently than I. Jerry From: [email protected] [mailto:[email protected]] On Behalf Of John Vega Sent: Wednesday, September 22, 2010 10:56 AM To: [email protected] Subject: [gatortalk] Re: [gatornews] [SUN]: UF takes on high schools to protect logo --- 9/21 23:01 --- [Crabbe] On Sep 22, 2010, at 9:11 AM, Shane Ford wrote: UF spokeswoman Janine Sikes said universities have a legal obligation to defend their trademarks or risk losing them. "Legally, you don't get to keep it if you don't defend it," she said. <snip> Under trademark law, universities essentially have a legal obligation to police the use of their marks, said Elizabeth Rowe, associate professor of law and director of the program in intellectual property law at UF. Failing to do so could mean giving up the right to stop unauthorized uses, she said. Note the difference in what the professor said as opposed to the spokeswoman. The professor accurately points out that the requirement is that the mark be "policed." Licensing the logo to the high schools for a small amount qualifies as policing, allows them to keep the logo, avoids any legal problems and makes a few dollars for UF. Or it could send threatening letters to state high schools. Which alternative makes more sense? -Zeb -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us -- GATORS: ONE VOICE ON SATURDAY - NO VOICE ON SUNDAY! 1996 National Football Champions | 2006 National Basketball Champions 2006 National Football Champions | 2007 National Basketball Champions 2008 National Football Champions | Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996), Tim Tebow (2007) - Visit our website at www.gatornet.us
