The legal basis:
Trademark is a very interesting component of IP law. Like most other areas of law, it is open to a great amount of legal interpretation. For this particular area of interest, trademark policy is intended to protect collegiate trademark holders from the threat of confusion, dilution, and misrepresentation. With the growth of collegiate sports and merchandise sales, many universities are sending cease and desist letters out to high schools across the nation demanding they stop use of their logo, brand name, etc. As noted earlier, many high schools choose to surrender without a fight, because in their financial position, it’s a no win situation. While that is an issue all its own, I’m here to present an interesting proposition that has very few times been taken to court. What if these high schools fought back? Would they have a legal case against these universities claiming infringement and can they “even the playing field?”
What Do We Mean By Confusion?
- In basic terms, the threat of confusion means that the original trademark holder is protected from the general public losing the connection between the mark and the owner of that mark. For example, the yellow jacket image has come to be associated with Georgia Tech.
What Do We Mean By Dilution?
- "is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness."
Here is a more detailed look at the two components of trademark law:
- In basic terms, the threat of confusion means that the original trademark holder is protected from the general public losing the connection between the mark and the owner of that mark. For example, the yellow jacket image has come to be associated with Georgia Tech.
What Do We Mean By Dilution?
- "is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness."
Here is a more detailed look at the two components of trademark law:
legal_breakdown.docx | |
File Size: | 18 kb |
File Type: | docx |