USC Defeats USC (Updated)
[Guest post by DRJ]
The University of Southern California Trojans have prevailed in a trademark suit in which the University of South Carolina Fighting Gamecocks sought to use the letters “SC” on baseball team clothing:
“A three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Tuesday upheld a decision last year by the U.S. Patent and Trademark Office review board to recognize the University of Southern California’s century-old claim to the logo letters.
***
Scott Edelman, an attorney representing the Los Angeles university, hailed the ruling as protection of the school’s “primary athletic mark” used on team clothing and equipment that brings in significant revenue. Sports logo registrations are not limited to use in team colors, so there was potential for South Carolina merchandise to be mistaken for that of USC, Edelman said.”
Apparently winning wasn’t enough for the Trojans’ attorney, who took the opportunity to talk trash:
“[Edelman] also suggested that the letters were more deservedly linked to the Trojans’ warrior image than to “a goofy little chicken.”
“I think they wanted to move away from the gamecock logo,” Edelman said of the school in the South. “Something that is totally understandable.”
That’s really funny considering what most people think of when they hear the word Trojans.
— DRJ
UPDATE: Thanks to commenter el duderino who provides us with a link to the opinion.
Better known to Californians as the “University of Spoiled Children”
SPQR (26be8b) — 1/20/2010 @ 8:17 pmSo, next up they’re suing the US Post Office?
What are they going to replace “SC” in addresses with?
“SoCarl”?
Techie (43d092) — 1/20/2010 @ 8:18 pmI want you to know, DRJ, that I’m keeping the running list of possible items to myself.
But only because it’s you. 🙂
Scott Jacobs (d027b8) — 1/20/2010 @ 8:20 pm“That’s really funny considering what most people think of when they hear the word Trojans.”
Classic psychological warfare. Since close physical contact with other men is required by the game, the last thing you want to be thinking of are thrusting turgid members.
TTC (ba61d5) — 1/20/2010 @ 8:26 pmthe attorney was channeling his inner Mike Garrett, a gentleman who is class and diplomacy personified.
redc1c4 (fb8750) — 1/20/2010 @ 8:27 pmSouthern Cal better savor this, because Lane Kiffin is going to make them long for the glory days of Paul Hackett.
Another Chris (35bdd0) — 1/20/2010 @ 8:52 pmThis is a good example of why I have a hard time taking “intellectual property law” seriously, even though it’s the hot new specialty and involves zillions of dollars.
Gamecocks and Trojans.
And lawyers. But I repeat myself.
Beldar (15385b) — 1/20/2010 @ 9:28 pm“That’s really funny considering what most people think of when they hear the word Trojans.”
Very good DRJ, very good. I’m still chuckling.
Fritz J. (96e39f) — 1/20/2010 @ 9:35 pmThe GOP should make it a platform issue to reform IP law. Many patents that are obvious wind up costing us innovations. Some IP is held longer than makes sense.
Sure, Hollywood wouldn’t like it much, and a small number of huge companies would object to the idea that you can’t patent “using LOL to say Laugh out Loud” or “a technique of allowing customers to make online purchases with a single click”, but I think a lot of these huge tech companies pursue obvious and (IMO) prior art patents because they have to keep up with eachother.
What is this case? Other than a punchline, it is bad law. We have IP rights to encourage innovation. Why is Mickey Mouse or USC still tightly held? It’s stifling.
I think piracy of media and software is wrong, but I also think the way our legal system handles it is unrealistic and unhelpful. Reform it. And the ridiculously obvious patents aren’t helping anyone. They make it harder to invent things. A lot of lawyers would lose business if the USPTO was drastically improved, but our country would be much better off.
The GOP is crapped on by IP holders anyway. Hollywood hates our guts and the mega huge corporations hate the idea of competition.
Dustin (b54cdc) — 1/20/2010 @ 9:50 pmToo bad the University of Southern Colorado changed their name to Colorado State University – Pueblo. They could have gotten in on the fun.
JVW (48cbba) — 1/20/2010 @ 10:12 pmAren’t trademarks supposed to be eternal as long as the holder continues to be an active enterprise?
The only unreasonable claim by the Trojans would be one that left no way for a team whose initials are USC to use USC on their uniform.
Ken in Camarillo (aa2192) — 1/20/2010 @ 10:14 pmHere’s the decision.
Southern Cal made the boring decision to follow St. Louis and plop the letters on top of each other. If they can win this case, why can’t St. Louis sue every other baseball team, little league through college?
OTOH, it would be pretty cool if South Carolina capitalized on this opportunity to declare themselves the real USC.
el duderino (5f44e4) — 1/20/2010 @ 10:19 pmKen, trademarks are to distinguish for the public good of protecting consumers from making the wrong choice.
Such as, I take it, a SoCal fan buying a shirt that sends royalties to South Carolina. I don’t see how this protects the consumer at all. If USC’s stylized font or special logo or colors are used, that’s one thing, but South Carolina didn’t do that. Consumers aren’t protected in any way I can understand here, which is all trademark should be about, IMO.
Dustin (b54cdc) — 1/20/2010 @ 10:24 pmThanks, el duderino. I’ve updated the post with your link.
DRJ (84a0c3) — 1/20/2010 @ 10:35 pmEr, opinion. You lawyers with your fancy words.
el duderino (5f44e4) — 1/20/2010 @ 10:50 pmDecision works, too, el duderino, and thanks for finding the link.
DRJ (84a0c3) — 1/20/2010 @ 11:10 pm“Trojans cover the spread against Gamecocks”
Icy Texan (01c224) — 1/20/2010 @ 11:52 pm“Gamecocks stymied by Trojans defense”
“Trojans defense fails to keep Gamecocks out of endzone” [denounce myself]
“Gamecocks pound Trojans”
“Gamecocks whither under pressure from Trojans”
“Gamecocks rain on Trojans parade”
“Gamecocks break thru tight Trojans defense”
“Gamecocks score early, easily and often on Trojans”
“Trojans cover Gamecocks like a wet blanket”
[alt. “Trojans blanket Gamecocks”]
“Gamecocks have no fun playing Trojans”
Icy Texan (01c224) — 1/21/2010 @ 12:10 am“Trojans wrap up Gamecocks”
“Ain’t had no peace in the farm yard,
Since my little red rooster’s been gone”
[Oh, wait. That’s Mick Jagger’s take on Trojans vs. Gamecocks. Sorry.]
“Gamecocks shrink under assault by Trojans”
Icy Texan (01c224) — 1/21/2010 @ 1:30 amLittle Red Rooster was written by Wille Dixon and first sung by Howlin Wolf…… mister lips and friends just copied the song.
redc1c4 (fb8750) — 1/21/2010 @ 2:06 amI know that! I’m just more well-versed in the exploits of Mr. Jagger than I am those of the portly Mr. Dixon (whose songbook for the guitar I own, by the way) and Howlin’ Wolf — by most accounts one of the rare bluesmen that managed to keep his assignations private.
Icy Texan (01c224) — 1/21/2010 @ 2:34 amI missed this story until now. I don’t know what the big deal is and I am not happy about Kiffin. Maybe this is a trend. Clusterf*** is the term for it.
Mike K (2cf494) — 1/21/2010 @ 5:29 amTrojans’ attorney may just be a real “dumbclass.”
Rick Baxter, USA (dae21a) — 1/21/2010 @ 9:42 amI wonder why the USC-West lawyer didn’t mention the fact that his employers “boast” the slimiest, sleaziest collegiate athletic department in the known universe.
Bubba Maximus (456175) — 1/21/2010 @ 10:29 amOne more thing: as far as “goofy little chickens” are concerned, the USC-West attorney appears to have forgotten that Lane Kiffen was recently added to his employer’s payroll.
Bubba Maximus (456175) — 1/21/2010 @ 10:35 am>>> “That’s really funny considering what most people think of when they hear the word Trojans.”
> UPDATE: Thanks to commenter el duderino who provides us with a link to the opinion.
Well, I’d offer up my opinion, but I don’t have time. The short form does sort of involve that mascot for Southern Cal, though.
IgotBupkis (79d71d) — 1/21/2010 @ 12:21 pmIcy Texan — your ideas have merit, but have already been subsumed by USC when they played Oregon State in a bowl game some years ago.
They won, and won big.
So yes, indeed, there WERE T-shirts produced with the score, and the headline, yes, said:
“Cocks Pound Beavers”…
IgotBupkis (79d71d) — 1/21/2010 @ 12:26 pmNo Trojan can hold our Cocks for 4 Periods!
Jerry (02c67a) — 1/21/2010 @ 2:18 pmIs this where we digress into “Ward, you were a little hard on the Beaver last night”?
Ah, Janine Turner (Beav’s mom in the Leave It To Beaver movie). A fellow Texan and a true goddess on this sad old earth.
Icy Texan (6e3930) — 1/22/2010 @ 4:46 am