View Full Version : Send Out Those Cease and Desist Letters
GrapevineSooner
9/22/2006, 09:24 AM
mfosterftw PM'ed me about this (http://www.cafepress.com/phoogoo).
Or the school could allow the sale of these items and just collect royalties off of them.
RacerX
9/22/2006, 09:34 AM
Don't tell us. Send the link to the AD.
Landthief 1972
9/22/2006, 09:42 AM
Maybe it's Boz. :D He made a killing selling t-shirts that were ragging on himself.
At any rate, some ducky's going to get either a nasty letter or a royalty bill.
mfosterftw
9/22/2006, 09:42 AM
Don't stop with the AD... sent it to OU's legal staff and the Board of Regents, who are the owners of the trademark.
Marc
birddog
9/22/2006, 09:43 AM
nobody's gonna wear that crap. they'll look much worse wearing those things 6 months from now than we ever looked in our week long tirade.
Beano's Fourth Chin
9/22/2006, 09:47 AM
16.99 for a golf shirt ain't half bad.
sooner518
9/22/2006, 09:52 AM
classier than the "Dixon Your Mouth" shirt
Diggs2005
9/22/2006, 10:29 AM
I just sent that in to the marketing and licensing folks
sooner94
9/22/2006, 10:33 AM
What's the over/under on the number of those shirts that will be hanging in the closets of mobile homes within the next few weeks?
And the over/under on the number of those shirts being referred to as "formal wear" by the owners?
Dan Thompson
9/22/2006, 10:56 AM
How about items that look exactly like these, but change to wording to
PROUD
GrapevineSooner
9/22/2006, 11:16 AM
They can bold the OU in Pouters and even color it crimson. They just can't use the interlocking logo.
StuIsTheMan
9/22/2006, 11:22 AM
Is there any OU shirts saying how we got screwed...I would buy 7 of them and wear them everyday all over Portland...This thing is hard to deal with, with all these Duck fans saying crap about my crimson and cream wardrobe...Would love a shirt that would shut them up...
That "Dixon your mouth" is a good one
mfosterftw
9/22/2006, 11:45 AM
They can bold the OU in Pouters and even color it crimson. They just can't use the interlocking logo.
Based on current caselaw, I'm not sure I agree with the above...
The Chronicle of Higher Education
http://chronicle.com
From the issue dated August 11, 2006
Colors Are Trademarks, Court Says
By MARTIN VAN DER WERF
Not only are a college's logo, mascots, and slogans protected by trademark law. So is its color scheme, a federal court has ruled.
The decision marks the first time a court has ruled that the simple use of a college's colors on items, even when the name of the institution is not displayed, violates a trademark, said Bruce B. Siegal, senior vice president and general counsel for the Collegiate Licensing Company.
The company, along with Louisiana State University at Baton Rouge, Ohio State University, and the Universities of Oklahoma and of Southern California, sued the Smack Apparel Company, of Tampa, Fla., over its production of four T-shirt designs.
Judge Mary Ann Vial Lemmon of U.S. District Court in New Orleans noted that each of the universities had used the same color scheme since the 19th century and had "spent millions of dollars over the years in marketing and promoting items bearing their initials and school colors."
In the context of when and where the shirts were being sold, consumers could easily be confused about whether the shirts were official licensed apparel, she found.
Lawyers for Smack Apparel admitted that the company had used the color schemes of the universities to "call them to the mind of the consumer." But Smack argued that it is a "fair use" to make shirts in the universities' colors if they do not name the institutions.
Section: Money & Management
Volume 52, Issue 49, Page A25
Marc
GrapevineSooner
9/22/2006, 11:58 AM
Interesting.
mfosterftw
9/22/2006, 12:04 PM
Especially since OU was party to the suit... from another forum I'm on (not OU-related) - here's the case that the judge in OU vs. Smack cites:
Qualitex Co. v. Jacobson Products Co., 115 S.Ct. 1300
The Supreme Court ruled 10 years ago that colors are protectable provided that you could establish that they had (a) taken on secondary meaning and (b) that they were non-functional.
Example: Owens-Corning holds a trademark on the color pink for insulation because (a) people tend to associate the color pink with their product and (b ) the color has no effect on how the product works.
Marc
Flagstaffsooner
9/22/2006, 12:31 PM
Based on current caselaw, I'm not sure I agree with the above...
The Chronicle of Higher Education
http://chronicle.com
From the issue dated August 11, 2006
Colors Are Trademarks, Court Says
By MARTIN VAN DER WERF
Not only are a college's logo, mascots, and slogans protected by trademark law. So is its color scheme, a federal court has ruled.
The decision marks the first time a court has ruled that the simple use of a college's colors on items, even when the name of the institution is not displayed, violates a trademark, said Bruce B. Siegal, senior vice president and general counsel for the Collegiate Licensing Company.
The company, along with Louisiana State University at Baton Rouge, Ohio State University, and the Universities of Oklahoma and of Southern California, sued the Smack Apparel Company, of Tampa, Fla., over its production of four T-shirt designs.
Judge Mary Ann Vial Lemmon of U.S. District Court in New Orleans noted that each of the universities had used the same color scheme since the 19th century and had "spent millions of dollars over the years in marketing and promoting items bearing their initials and school colors."
In the context of when and where the shirts were being sold, consumers could easily be confused about whether the shirts were official licensed apparel, she found.
Lawyers for Smack Apparel admitted that the company had used the color schemes of the universities to "call them to the mind of the consumer." But Smack argued that it is a "fair use" to make shirts in the universities' colors if they do not name the institutions.
Section: Money & Management
Volume 52, Issue 49, Page A25
MarcoSu should sue Halloween.
StuIsTheMan
9/22/2006, 12:37 PM
here is another one..."Welcome to Fraudzen Stadium, If you didn't bring your own Ref's, Duck's Win"
DrZaius
9/22/2006, 12:41 PM
That is funny.....
I don;t think that there is anything we can do that would not make our University look more silly than it already does.
StuIsTheMan
9/22/2006, 12:45 PM
or..."Welcoem to Fraudzen Stadium, Where great Ref's go to LIE!"...I think this one is gonna be the one I make into a t-shirt...
StuIsTheMan
9/22/2006, 02:13 PM
http://customink.com/cink/r.jsp?E=stuartr%40hhpr.com&F=fraudzen
how's this
bigbadduck03
9/22/2006, 02:35 PM
or..."Welcoem to Fraudzen Stadium, Where great Ref's go to LIE!"...I think this one is gonna be the one I make into a t-shirt...
Nice one. To bad it won't get your team the win.
Sore losers.
34-33. And no number of shirts you make will change that.
TopDawg
9/22/2006, 02:36 PM
Interesting.
I don't even think they're allowed to use "Oklahoma" in red.
TopDawg
9/22/2006, 02:37 PM
Nice one. To bad it won't get your team the win.
Sore losers.
34-33. And no number of shirts you make will change that.
Sore winner.
Geez, you're acting like you've never beaten OU before.
Oh, wait...
StuIsTheMan
9/22/2006, 02:43 PM
Sore winner.
Geez, you're acting like you've never beaten OU before.
Oh, wait...
LMFAO!!!
Stitch Face
9/22/2006, 02:43 PM
Nice one. To bad it won't get your team the win.
Sore losers.
34-33. And no number of shirts you make will change that.
No amount of points will change the fact that your team can't earn a win on the field, either.
Pricetag
9/22/2006, 02:52 PM
Nice one. To bad it won't get your team the win.
Sore losers.
34-33. And no number of shirts you make will change that.
We aren't trying to change anything. We're just trying to make ourselves feel better about the whole sordid affair, just like you guys are.
Big bad duck. :rolleyes:
TrophyCollector
9/22/2006, 02:53 PM
No amount of points will change the fact that your team can't earn a win on the field, either.
Can't wait to see their "2006 Instant Replay Booth Rigging Champions" shirts.
Redshirt
9/22/2006, 02:59 PM
http://customink.com/cink/create/
[email protected]&F=fraudzen
Well put...
yermom
9/22/2006, 03:03 PM
Dixon your mouth is a great shirt... if things had gone another way, i might be looking for one
Haha. Looks like it's already been taken down.
The creators of those products:
http://www.phoogoo.com/
Looks like "creative services" means "copyright infringement".
BigRedJed
9/22/2006, 03:20 PM
Haha. Looks like it's already been taken down.
Nice. It happened in the time it took me to read the entire thread. Of course, I'm a slow reader.
GrapevineSooner
9/22/2006, 03:28 PM
Rhino,
The URL to their online store is http://www.cafepress.com/phoogoo.
That site's still up for the time being.
BigRedJed
9/22/2006, 03:30 PM
Rhino,
The URL to their online store is http://www.cafepress.com/phoogoo.
That site's still up for the time being.
Well, that's weird. I clicked on the same link a couple of minutes ago, and it was gone. Now, it's back.
BigRedJed
9/22/2006, 03:31 PM
But all of the product links go nowhere.
BigRedJed
9/22/2006, 03:32 PM
And now, the main page is empty again. This is FUN!!
Jewstin
9/22/2006, 05:07 PM
The licensing folks probably got after them. I've worked with them in the past for a campus business and those people are MONSTERS.
In any event, I personally like the t-shirt on this site:
http://quacksquad.com/
(They have the listing right beneath the cartoon.)
washington's fave
9/22/2006, 08:07 PM
It is time to move on and HOPE LIKE H**L we get to play them in a bowl game so the SOONERS can shove some love the ducks way!!!!!!!! The quackers know they don't want to face the Sooners again any time soon - because the Sooners will feast upon duck snitzel when and if it happens!!!!
instigator
9/23/2006, 07:40 AM
What did it way? The site has no more merchandise now.
mfosterftw
9/23/2006, 08:04 AM
POUT, with the red interlocking OU...
Major trademark violation...
Marc
Sooner_Bob
9/23/2006, 09:28 AM
Yep, it's all gone now . . .
Forget about suing Smack for making shirts that violate copyrights...can we just sue them for making stupid shirts?
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