Speaking of mascots - Illinois State Univ. bullies high school into dropping their mascot

[SFP]

Are they going to go after Little League teams next? I'm sure they could have picked their fight elsewhere. They chose these guys because they probably do not have the resources to fight it. It would be great if a lawyer would take it on.

[cpacmel]

SFP, no lawyer would touch such a case. The school district doesn't have a case. Illinois State designed the logo. They got it trademarked. Any school that comes along and steals the design is infringing on the trademark. It's pretty simple.

It's really no different than patenting an idea.

Pleasant Plains didn't do their due diligence when choosing a logo.

Read the link that Tornado provided from the school district:
http://www.ppcusd8.org/Documents/Letter%20on%20logo.pdf

"As a district we are aware that Illinois State University has a right to protect their trademark, and we have the responsibility to recognize this"

"We need to honor the law and take ownership and leadership in fixing the problem"

IF ISU didn't trademark the logo, this wouldn't be an issue. But they did. So they must do what they have to do to protect the trademark.

[chitown fanatic]

SFP, no lawyer would touch such a case. The school district doesn't have a case. Illinois State designed the logo. They got it trademarked. Any school that comes along and steals the design is infringing on the trademark. It's pretty simple.

It's really no different than patenting an idea.

Pleasant Plains didn't do their due diligence when choosing a logo.

Read the link that Tornado provided from the school district:

http://www.ppcusd8.org/Documents/Letter%20on%20logo.pdf

IF ISU didn't trademark the logo, this wouldn't be an issue. But they did. So they must do what they have to do to protect the trademark.

Cpac, In our season of misery, it's nice to know you're right there with us! See you Thursday night in St. Louis

[SFP]

SFP, no lawyer would touch such a case. The school district doesn't have a case. Illinois State designed the logo. They got it trademarked. Any school that comes along and steals the design is infringing on the trademark. It's pretty simple.

It's really no different than patenting an idea.

Pleasant Plains didn't do their due diligence when choosing a logo.

Read the link that Tornado provided from the school district:
http://www.ppcusd8.org/Documents/Letter%20on%20logo.pdf




IF ISU didn't trademark the logo, this wouldn't be an issue. But they did. So they must do what they have to do to protect the trademark.

Really! (Sarcasm just in case) no lawyer would take it. You are so right that is why they are getting hammered. They needed an easy target and these guys fit the bill. What harm are they doing? Come on, if BU did this I'd feel the same way.

[JMM28]

Really! (Sarcasm just in case) no lawyer would take it. You are so right that is why they are getting hammered. They needed an easy target and these guys fit the bill. What harm are they doing? Come on, if BU did this I'd feel the same way.

If they really cared just about protecting their trademark, they would license it to the high schools for a bargain basement price.

Kansas State and others do something similar for high schools. They just require that any tshirts/etc with that logo be printed at a KSU vendor, from which they get a kickback. Sounds fair to me?

[Disturbed]

Having graduated from Illini Bluffs they used to use the missouri tiger logo but use the clemson logo more now. I know for a fact thats what they use for baseball hats now.

Boys basketball, from varsity all the way down to third grade, are using the mizzou logo this year.

[Garland 22]

Boys basketball, from varsity all the way down to third grade, are using the mizzou logo this year.

The trademark Mizzou logo contains a large M in the background. The Tiger is not a part of the trademark which is fair game. I don't think that Illini Bluffs is using an M in their logo.

This is an open and shut case. Why pay for a trademark if your going to let someone use it. Why pay a legal department if you aren't going to protect assets.

Kind of a doumb thread.

[thefish7]

I don't think illinois state is in the wrong on this one. They literally must defend their property or it won't be theirs later. I've always noticed that Peoria Heights appears to have ripped off the New England Patriots' logo also. I think it's weird, and I can't figure out why there isn't a better solution than theft available to these schools.

[Braveman]

It's so predictable that this would get some run here....

At least they have a logo, mascot, etc...

[CubbieBear]

Much ado about nothing IMO...and I don't really care for ISU...but have to agree they are correct on this one...and I agree--at least they HAVE a logo/mascot

[cpacmel]

Univ. of Wisconsin has had to go after schools in Iowa, New Jersey, North Carolina, Ohio, Texas, and West Virginia, for trademark infringement because of their use of trademarked Motion "W".

Some interesting reading one of the cases wit Waukee, Iowa:

http://findarticles.com/p/articles/mi_qn4183/is_20070314/ai_n18716756/

http://www.uwalumni.com/media/images/photography/onwisconsin/pdf/Spring07Sports.pdf

[tornado]

TWO questions....

1) then why did ISU allow Pleasant Plains to use the logo for several years before taking this action?

2) they have even allowed Plains to continue using the logo and NOT stop...only that any new equipment they acquire not have the logo..
so until their current uniforms wear out or get reaplced, ISU is allowing them to CONTINUE TO VIOLATE their trademark rights...

and that's something you just said is a real screw-up and no-no in trademark law...that if they allow them to do it then they have no defense!

Anyone know anything about trademark law?
If ISU doesn't actively try to protect their trademark, they lose their exclusive rights to it.
From a legal standpoint, ISU has to go after them

..so your own terms there virtually require ISU to force Plains to put a stop to it -- but ISU is NOT...they are still allowing it for years to come!


Lastly -- almost every story on this situation...and there have been dozens from St. Louis to Chicago and even out of state coverage...
almost every one tends to leave readers seeing ISU as the bad guys, the bullies in this situaiton...since many high schools DO USE logos similar to colleges and they DON'T get sued...

As noted, Normal West in Normal, IL uses the EXACT SAME logo as Kansas State and K-State KNOWS ABOUT IT and obviously does NOT care at all....

[TheAsianSensation]

Anyone know anything about trademark law?

If ISU doesn't actively try to protect their trademark, they lose their exclusive rights to it.

From a legal standpoint, ISU has to go after them.

I'm pretty sure this is correct. If they discover such a logo and DON'T take action against it, they stand to lose all rights to it.

I think what happens is that they have to take action once they "discover" the logo. The key being the word discover. They're not actively searching for these "offenders", but if something is called to their attention then they have to act on it.

[Da Coach]

I am not a lawyer, but I believe once a logo is trademarked, a school can always claim the rights to it. I don't believe it precludes them from pursuing action in one case, just because they didn't in another case. So I do not believe they can "lose the rights to it". However, the courts are not always consistent. Precedent is usually brought into most litigated cases, so if they are not consistent with litigating all cases, it probably could stand to hurt their case when they do litigate.

[45otseoj]

http://www.examiner.com/connecticut-high-school-sports-in-hartford/prep-school-notebook-south-kent-no-4-national-poll

One difference that you can't see... The bird's eye brow is red.