Intellectual Property Law

Is this logo ?widely recognized by the general consuming public of the United States??

By Siva Vaidhyanathan

Rebecca Tushnet explains that the Great University of Texas might not be able to protect its horns much longer.

Rebecca writes:

UT?s evidence didn?t show that someone who was not a college football fan (or perhaps, ?to a lesser extent,? college baseball or basketball fan) would recognize the longhorn logo as associated with UT. The magistrate was ?well aware? of the popularity of college football, and noted that ?the Court counts itself as a more than casual fan of Saturday afternoon football in the Fall.? But it was unwilling to make the leap to the ?general consuming public,? a group it defined as ?nearly the entire population of the United States.? UT athletics have ?a level of national prominence,? but the longhorn still doesn?t ?stand toe-to-toe with Buick or KODAK.? (Now there?s a mental image for you; a little like the image at issue in Deere v. MTD, actually.) Quoting Barton Beebe, the magistrate concluded that the ??TDRA is simply not intended to protect trademarks whose fame is at all in doubt,?? and recommended summary judgment for KST on the federal dilution claim.

While I hate to see my alma mater lose at anything, I don't mind when a state institution fails to protect logos and such. The whole state owns the university, after all.

But it looks like winning four national championships in football and dozens in women's basketball, baseball, tennis, swimming, and volleyball has not been enough to make this logo instantly recognizable as representing The University.

So I guess the men's basketball team will just have to romp through the South Regional bracket and bring home a national championship trophy this year. Should be no problem.

Hook'em Horns!

Full post as published by SIVACRACY .NET on March 17, 2008 (boomark / email).