LINK: It will be interesting to see what this means for the future, specifically the purple & gold rebel flags.
It is most definately not unconstitutional. Schools have a right to protect their brand. The colors are a large part of that brand, and if a company is trying to make money by infringing on a schools brand then that company needs to pony up. The CLC exists for just that reason. Companies are perfectly free to make millions using colors and logos from universities, but they must get their product approved by the institution and the CLC.
It most "definately" (im sick of you misspelling that word, get it right) is. How arbitrary is that? I can't manufacturer a ****ing purple and gold shirt without paying LSU? Give me a break. Unless it *says* LSU on it, I shouldn't have to pay.
Here's where the problem comes in: I manufacture a red shirt that just happens to be close to the exact shade of crimson that Oklahoma uses. It has no OU, or even "Oklahoma" anywhere on it. OU can now sue the manufacturer because the color can be percieved as the the same as OU's "traditional, historic" colors. See the problem? It's arbitrary. Logos and phrases have been able to be trademarked for years now. But colors?
I think you're reading the ruling too broadly. The problem with the smack apparel merchandise is that they use school colors combined with phrases, facts, or names that lead a consumer to directly identify that merchandise with a university or professional sports team. The company benefits from the consumer's recognition of their school's colors AND additional identifying information without giving any compensation to the respective university. Therefore, I do not feel that a university has any say in apparel produced solely in school colors. Only if that apparel directly implicates a university connection.
Don't know if this was one of the shirts, but I don't see the problem with it. I'd like to see one of the shirts they are talking about.
Exactly. Look at some of the Smack Apparel products. They are attempting to avoid trademark and copyright laws by not naming the school, but they use school phrases, coaches names, rivals names, and exact school colors. This will withstand a court challenge easily.
