The Ohio
State University licenses and markets many items using the trademarks "scarlet
and gray," "Buckeye(s)," "Brutus Buckeye," the Block O with
or without Buckeye Leaves, "Go Bucks," and the "Buckeye Leaf"
decal, which has been placed on Ohio State football helmets for more than 40
years. Currently, Ohio State's licensing program is the most profitable
collegiate licensing program in the United States, with approximately 500
licensees and generating royalties of more than $35 million.
On June
1st, Ohio State filed a trademark infringement action against
Touchdown Alabama Magazine, LLC. Touchdown Magazine publishes a magazine/program
devoted exclusively to Ohio State football and entitled "Touchdown Buckeyes
Magazine." The magazine is marketed at defendant's website, touchdownbuckeyes.net, where subscriptions are available for purchase. Ohio
State publishes its own football program for distribution and sale at home
football games. It also publishes ohiostatebuckeyes.com, which is "The
Official Website of Ohio State University Athletics" and features the Ohio
State trademarks throughout.
According
to Ohio State's complaint:
... the Infringing Publication will contain many
other uses of other Ohio State trademarks, trade dress and content that is
competitive with Ohio State's athletics publications. According to a press release
issued on April 12, 2011, "Touchdown Buckeyes Magazine will release its first
print edition on Aug. 25. The magazine will continue to release seven issues
throughout the 2011 football season along with a bonus Special Edition issue
that will cover "The Game" at Michigan. The full color glossy magazine will be
distributed in Cincinnati, Cleveland and Columbus. The magazine caters strictly
to Buckeye football lovers with "Catching Up With" segments, exclusive pieces, player
spotlights, "Pro Connections" articles, Q and A segments, "Recruiting"
information, team rosters and Big 10 news pieces." ...
....
The Infringing Website
employs the trademark "Buckeye" in the domain name and throughout the pages of
the website, and contains many other uses of Ohio State Trademarks, including:
a) The
word "Buckeye" in large block letters similar to the font type used by Ohio
State and in Ohio State's school colors of scarlet and gray;
b) A
photograph of Ohio Stadium with the marching band forming the Script Ohio and
also using Ohio State's school colors of scarlet and gray;
c) A
reference to "exclusive online content" available to website subscribers, including
"recruiting updates & analysis - player & coach interviews - pregame
previews - postgame analysis"; and
d) Numerous
photographs and videos depicting current and former Ohio State varsity athletes
in competition.
Ohio State is asserting several claims, including
statutory/common law trademark infringement, unfair competition and passing
off, and cybersquatting. Ohio State is also seeking injunctive relief.
Besides the legal issues involved, the complaint also
presents an interesting history on Ohio State and its traditions/trademarks.
View
or download the entire complaint filed in The Ohio State University
v. The Touchdown Alabama Magazine, LLC, et al., 11-cv-00472 (S.D. OH June
1, 2011)
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