But, I think that’s the University’s point. They don’t want to authorize it to anyone but the University.
And, to those vendors who keep the colors, design, etc correct and use it on officially authorized marketing items… t-shirts, etc. It’s all about money, yes, but, it’s the University’s money. They don’t want to authorize its use to high schools, or especially private schools who are profit motivated too. 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 John Vega Sent: Wednesday, September 22, 2010 1:13 PM To: [email protected] Subject: Re: [gatortalk] Re: [gatornews] [SUN]: UF takes on high schools to protect logo --- 9/21 23:01 --- [Crabbe] I agree with you, but the key is the word "unauthorized" in the explanation below. It is easy to authorize the use of the logo, especially to state high schools that send students to the state university. -Zeb On Sep 22, 2010, at 2:08 PM, Oliver Barry wrote: 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 -- 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

