College football season is here and games will be a mainstay on televisions across the country. Here in Nebraska, many of us bleed Husker red. While just east across the river, there are many diehard Hawkeye and Cyclone fans. When starting a new business, many of these loyal fans cannot imagine a better way to show their team spirit than to use a similar mark to their favorite team’s mascot, colors, or logo. Is it ok to use the Husker “N”, the Hawkeye logo, or any team’s logo for your own personal business? Unfortunately, the short answer is no.
In the past few years, there has been a rush from colleges and universities to trademark their logos, mascots, colors, nicknames, slogans, and even in some cases, popular sayings and cheers. Some of the most recognized college trademarks include the Nebraska “N” (Registration No. 2,081,720), Notre Dame’s Leprechaun mascot (Registration No. 1,229,591), and the University of Iowa’s Hawkeye emblem (Registration No. 1,312,703). In fact, some universities have gone so far as to register more unusual trademarks. For instance, Boise State University has a trademark registration for the arrangement of the blue turf in their stadium (Registration No. 3,707,623) and the University of Arkansas has a registration for the sound of one of their popular cheers, “Calling the Hogs” (Registration No. 4,558,864).
With colleges and universities (“school”) going to such great lengths to acquire trademark registrations, it is safe to assume they will enforce and protect those registrations. When it is brought to a school’s attention that a party is unjustly using one of their protected marks, the alleged infringer is usually sent a cease and desist letter from the school. This cease and desist letter will ask the infringer to immediately stop using the aforementioned mark or further legal action will be taken.
A letter could also arrive from the Collegiate Licensing Company. The Collegiate Licensing Company (“CLC”) is the trademark licensing representative for many universities, colleges, athletic conferences, the NCAA, and bowl games. In fact, the CLC manages licensing for over 200 universities and assists them in the management and protection of their marks. Among other things, the CLC is also responsible for determining which types of licenses are available, which product categories are available for licensing, which distribution channels may be licensed, and they also approve every product and design. This company goes to great lengths to protect the trademarks and branding of its clients. The Buna Cougars, a high school in Buna, Texas learned this the hard way when they received a cease and desist letter from the CLC who manages Penn State University’s Nittany Lion trademarked logo. A sports vendor assured the school that their cougar logo was substantially different from that of the Nittany Lion’s. Unfortunately, for the cougars that was not the case and the CLC demanded the school remove the logo from all their uniforms, paint over surfaces with the logo and stop using the logo for any other printed material or clothing.
If someone is really set on using a team’s trademark, licensing may be obtained. If done through the CLC, licensing is a three-phase process according to the company’s website. In additions to the three-phase process, licensing fees must be paid, and each school generally has a royalty rate. Schools that do not work with the CLC will have their own policies and procedures for licensing trademarks.
In the end, if you are planning on using a mark similar to a team’s logo or mascot in your business name or branding, you may be infringing on the trademarks of your team. At that point, you may be forced to call an audible (change your mark and marketing materials) which can be disruptive and costly.