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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.
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.
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:
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;
photograph of Ohio Stadium with the marching band forming the Script Ohio and
also using Ohio State's school colors of scarlet and gray;
reference to "exclusive online content" available to website subscribers, including
"recruiting updates & analysis - player & coach interviews - pregame
previews - postgame analysis"; and
photographs and videos depicting current and former Ohio State varsity athletes
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.
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
Attack of the 300-Foot Tower: University of Texas Files
Trademark Suit to Protect Campus Landmark
universities can boast of a famous landmark -- Notre Dame has the Grotto, Duke
has its University Chapel, UC San Diego has the Geisel Library, the University
of Wisconsin has the Red Gym. Of the more famous, the ....
What do Peter Pan and the NCAA have in Common? A Primer on
Student-Athlete Images, the NCAA, and Video Games
the story Peter Pan, Peter loses his shadow and is forced to chase it down in
order to reattach it. A shadow isn't very substantive, but like any person,
Peter wants his back because it is his shadow and his property. We take our
shadows for granted ....
High School Logos vs. Collegiate Enforcers: The Little Infringers
Night Logos. It's a play on words from the popular book, movie, and television
show, Friday Night Lights, which depicts the ups-and-downs of a west Texas,
high school football team. It's also a reflection of high ....
Cert denied in trademark case involving university logo
"SC" - Univ. of S.C. v. Univ. of S. Cal., 367 Fed. Appx. 129 (Fed.
Monday, the Supreme Court denied cert in Univ. of S.C. v. Univ. of S. Cal., 367
Fed. Appx. 129 (Fed. Cir. 2010), cert. denied, 2010 U.S. LEXIS 6303 (U.S. Oct.
4, 2010). Review was sought after the Federal Circuit denied the University of
South Carolina's baseball logo mark and ....
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