University Of Texas Claims Trademark Over 'Texas'; Wants Useful iPhone App Blocked

from the oh-come-on dept

Trademark law, when used properly, serves an important purpose in making sure that consumers are not made worse off by being tricked into buying lower quality products and services under the belief that they're actually coming from someone else who is trusted. But in the age of the "ownership culture," where too many people have tried to twist trademark law away from its true origins to make it appear to be a quasi-"property right," you get too many cases of people using trademark law to actually make consumers worse off.

Take for example this story, sent in by iamtheky about how the University of Texas is trying to stop some former students from making an incredibly useful iPhone app for UT students, called iTexas, by claiming it infringes on their trademark on Texas.

The makers of the app, Mutual Mobile, have made a bunch of successful iPhone apps, but UT got upset last year when the company introduced the UT Directory, which put a much more useful interface on (you guessed it) the UT staff and student directories. After the University complained, the company felt that perhaps the use of the school's colors made it look like an "official" app, so they agreed to fix that part. When the company launched iTexas, it made sure that it didn't have the school's color scheme or do anything to make it appear as the official app. But it did make the app a lot more useful:
A free download, the app retains the searchable directory but also lists menus from different cafeterias across campus, tallies students' dining-card and Bevo Bucks balances, delivers class schedules, shows campus maps, and more.
This sounds like a great and rather useful app. Exactly the sort of thing that the University should be encouraging, not just because it would help some alumni succeed, but also because UT students would likely find the app quite useful. But, that's not the way UT officials think, apparently:
On Feb. 1, the Mutual team learned that UT had raised another objection to its latest app, specifically to the use of the word "Texas" in the name. "As this name is confusingly similar to the Texas [trademark], UT objects to such use," reads a notice sent to the Apple app store by attorney Wendy Larson. UT's board of regents began trademarking university properties back in 1981. A list of protected trademarks appears on the university Office of Trade mark Licensing Web page; alongside more specific trademarks such as Bevo and Lady Longhorns is, simply, Texas.
Lesson learned: don't try to make life better for UT students without first paying the University.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
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    usmarine, Feb 16th, 2010 @ 1:39pm

    OMFG

    This makes me so mad I want to climb a tower and just start shooting people!

     

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  2.  
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    Tom Landry (profile), Feb 16th, 2010 @ 1:47pm

    you know how this went, absolutely none of the faculty or head office knew or cared about this but ol' "Wendy" needs to prove her worth in a MAN'S world. You go go girl.

    I'm guessing Wendy sits home most nights with a bottle of Yellow Tail Shiraz and her adopted greyhound watching Lost reruns.....

     

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  3.  
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    Brian (profile), Feb 16th, 2010 @ 1:51pm

    So does this mean I cannot sell Texas Toast or create a company called Texas Toast without paying UT for my use of the word Texas? Or maybe I create a new recipe and use texas in the name. What about Texas Instruments, I wonder if they have to pay UT to use Texas.

     

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  4.  
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    ChurchHatesTucker (profile), Feb 16th, 2010 @ 1:54pm

    Huh

    Apparently my map of the U.S. is in serious violation.

     

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  5.  
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    Nastybutler77 (profile), Feb 16th, 2010 @ 2:11pm

    I guess...

    ...you really SHOULDN'T mess with Texas(TM)... Or help promote them, or do anything without first getting permission.

     

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  6.  
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    Nastybutler77 (profile), Feb 16th, 2010 @ 2:12pm

    Re:

    "...Wendy sits home most nights with a bottle of Yellow Tail Shiraz and her adopted greyhound watching Lost reruns....."

    More likely Ally McBeal reruns.

     

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  7.  
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    Nastybutler77 (profile), Feb 16th, 2010 @ 2:15pm

    Can someone explain to me who would approve a trademark application where the applicant is requesting a trademark for the name of a place? In what way does this make sense? What happened to common sense? I feel like I'm taking crazy pills!

     

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  8.  
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    johnjac (profile), Feb 16th, 2010 @ 2:35pm

    Same school

    Reminder that it has a right to paintings of its buildings
    http://www.techdirt.com/articles/20091106/0057036818.shtml

    Should someone remind them they are a PUBLIC university?

     

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  9.  
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    Anonymous Coward, Feb 16th, 2010 @ 2:36pm

    There's a "Everything's bigger in Texas" Joke in here somewhere.

    Isn't Kevin Smith from Texas? OOOOH wait, SouthWest Airlines is based in Texas.

    Nevermind.

     

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  10.  
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    Strofcon, Feb 16th, 2010 @ 2:42pm

    Trademarking an entire state?

    Exactly how can they legitimately claim to hold the trademark for the name of an entire state? How can they claim to hold the trademark to the name of ANY place?

    If it's legal to do so, then I need to start filing a TON of trademark requests. I'll have more money than God in a week.

    I'm surprised Mike didn't dig into this particular bit of idiocy rather than just the lack of business sense shown by UT.

     

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  11.  
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    Answer Man, Feb 16th, 2010 @ 2:43pm

    Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    Sir,

    Don't make us eject you from Techdirt due to a safety issue our committee just made up.

     

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  12.  
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    interval, Feb 16th, 2010 @ 2:45pm

    So you can trademark state's names. Who knew?

     

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  13.  
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    hahah american law is retarded, Feb 16th, 2010 @ 2:46pm

    GOOD

    let americans go right retard over copyright
    and in like i said 50 years you will be the third world
    YES
    so deny there copyright abroad and let them continue to ramp it up at home.

    THIS IS further proof how stupid it is and this is the same politicians that take the hollywood bribe money

    TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS
    see how much money i owe
    ZERO

     

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  14.  
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    Dave Buznik, Feb 16th, 2010 @ 2:48pm

    Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    Huh? I never said anything. What safety issue?

     

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  15.  
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    interval, Feb 16th, 2010 @ 2:48pm

    Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    @AC: "Isn't Kevin Smith from Texas?"

    Uhm, New Jersey. The fact that almost all of his films, from "Clerks" to "JERSEY Girl", take place in New Jersey should have tipped you off.

     

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  16.  
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    interval, Feb 16th, 2010 @ 2:49pm

    Re: GOOD

    Ohhh, good. Another one of these "I hate America" idiots.

     

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  17.  
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    Dr. Buddy Rydell, Feb 16th, 2010 @ 2:51pm

    Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    Dave is with me. Is there something wrong?

     

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  18.  
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    btr1701 (profile), Feb 16th, 2010 @ 2:54pm

    Texas

    If UT thinks it has an enforceable trademark on the word “Texas”, it seems like they ought to forget about the little fish making iPhone apps and go after the real deep pockets: sue A&M for using (and let’s face it— abusing) their Texas trademark.

     

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  19.  
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    btr1701 (profile), Feb 16th, 2010 @ 2:56pm

    Re: Trademarking an entire state?

    > Exactly how can they legitimately claim to hold the trademark
    > for the name of an entire state? How can they claim to hold the
    > trademark to the name of ANY place?

    It gets worse than that. When I was going to school there, they shut down some kids selling t-shirts with the capital letter "T" on the front to people as they headed for the stadium on game days. The university claimed to have a trademark on the letter "T".

     

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  20.  
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    Anonymous Coward, Feb 16th, 2010 @ 3:02pm

    Interesting since apparently none of UT's subsisting trademark registrations and their associated goods/services pertain to software.

     

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  21.  
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    Cynyr (profile), Feb 16th, 2010 @ 3:04pm

    Students not the priority

    Mike,
    1) You seem to be under the dilusion that the university is there to help out the students. Anything it can not do that would cause students to stay long or spend more is a good thing to them(makes them more money).
    2) As far as some alumni that no one had heard of before trying to make an iPhone app that would make things easier for students, see point 1, all things related to the university need to go though them. When I say all I mean ALL.

    Now if i recall the University of Texas is a major football(handegg) school. Thats where the money is. So the real issue is that this app doesn't promote the football team(by paying to do so), and could make students on time to classes, and able to find out their professors contact info for assistance outside of class. Yep I'm cynical, but i graduated 2 years ago from a much much smaller university who was doing things like renaming programs every 3 years or so. Causing everyone to then need to appeal that IS104 was the same as IT104, and those that didn't or didn't try hard enough got to pay out extra.

    So see this for what it is, a pure money grab from the university. I'm willing to bet that if they offered 90% of the earning from the app to UT this would have been a non issue.

     

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  22.  
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    lostalaska, Feb 16th, 2010 @ 3:04pm

    I hope the blowback is monumental

    First off I hope the students let the staff know how stupid this move is. Secondly, I hope if they do have a law program those students are considering going somewhere else where the law is not only taught, but understood.

     

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  23.  
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    kellythedog, Feb 16th, 2010 @ 3:07pm

    the colour of iTexas

    The inclusion of “Texas” in iTexas violates University trademark rights, which guarantee UT ownership of the brand “Texas” when used in reference to the University.
    Craig Westemeier, UT assistant athletics director for trademarks and licensing, said that the name could cause confusion among consumers who think the University produced the iTexas application.

    I find that very hard to believe, why couldn't it mean a Texas travel app, or Texas pron hub...

    And it actually gets worse apparently they trademarked some buildings and the colour Burnt Orange.

     

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  24.  
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    mjb5406 (profile), Feb 16th, 2010 @ 3:21pm

    Are All 50?

    If some ninny in the USPTO allowed an even bigger ninny at UT to trademark the name "Texas" they should both be hung, just like the criminals in the Wild West were. If the trademark was granted only in 1981 (or later), what about the hundreds of years that the word "Texas" was used? Will UT now demand "reparations" for the damages it has endured because of this? Will they now go after each and every use of the word Texas (OMG... I owe a royalty) everywhere it's used? Or are they basically just pissed because they didn't come up with the idea for the app first so they could charge for it instead of someone giving it away for free?

     

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  25.  
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    taoareyou (profile), Feb 16th, 2010 @ 3:35pm

    How do I go about submitting trademark requests for the other 25 letters of the alphabet?

     

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  26.  
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    Vidiot (profile), Feb 16th, 2010 @ 3:37pm

    Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    Oooh! Oooh! Good idea... I'll get busy on the New Jersey trademarking, not that anyone necessarily wants to infringe. Actually, fair chance that David Chase locked that up when he did "Sopranos". And for those of you who don't know, ya gotta use the "New"... if you're callin' it "Jersey", you're from outta state.

     

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  27.  
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    PRMan, Feb 16th, 2010 @ 3:38pm

    I already trademarked "God"

    Exactly how can they legitimately claim to hold the trademark for the name of an entire state? How can they claim to hold the trademark to the name of ANY place? If it's legal to do so, then I need to start filing a TON of trademark requests. I'll have more money than God in a week.
    I already trademarked "God". Please rephrase your post.

     

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  28.  
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    John Duncan Yoyo (profile), Feb 16th, 2010 @ 3:38pm

    Re: I guess...

    What the hell are they going to call that state south of Oklahoma since they can't call it Texas? South Oklahoma or West Louisiana or East New Mexico or North Mexico.

     

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  29.  
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    The Anti Dark Helmet - just kidding, Feb 16th, 2010 @ 3:49pm

    iDumbAss

    I think they should change the name to saxeTi just so everyone who uses the app realizes how backwards the University is every time they look at it.

     

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  30.  
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    Anonymous Coward, Feb 16th, 2010 @ 3:56pm

    FAQ: How mainland America collects royalties from China

    Here's a radical idea: why don't we sell Texas to China to pay down some of our debt? I don't think they would mind.

    Granted, the only thing I think I'd miss is Plano TX's Frito Lay, and this god-awful jalapeno beer.

    It's real bad beer that has resulted in two keyboards being replaced, along with the accidental destruction of a Windows Vista notebook, but I think I'll find a way to cope.

     

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  31.  
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    mjb5406 (profile), Feb 16th, 2010 @ 4:15pm

    Another Solution?

    Change the name of the app to iTechses... same pronunciation, different spelling. Or maybe iCUTJerks is better.

     

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  32.  
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    platypusrex256, Feb 16th, 2010 @ 4:26pm

    for all schools

    i am guessing the api might be different for other school networks, but why don't they make a single universal app for all schools? avoid all trademarks altogether.

     

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  33.  
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    DanVan (profile), Feb 16th, 2010 @ 4:28pm

    I hope those students keep it up. What an absurd claim

     

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  34.  
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    Colg, Feb 16th, 2010 @ 4:57pm

    Re: OMFG

    Oh Cool. a 43 year old Charles Whitman refrence!

    One of the coolest things about that incident was that police credited (many) civilian shooters with providing suppression fire, keeping him under cover, thereby making it difficult for him to shoot and preserving life.

     

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  35.  
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    SeanG (profile), Feb 16th, 2010 @ 4:58pm

    Re: Trademarking an entire state?

    So what do they do to students who show up at games with a T or school colors painted on their bodies?

     

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  36.  
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    SeanG (profile), Feb 16th, 2010 @ 5:00pm

    Facepalm doesn't quite cover it

    Another in a long line of examples of the high levels of crazy found in Texas. Dear Texas, please just secede and get it over with.

     

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  37.  
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    Anonymous Coward, Feb 16th, 2010 @ 5:41pm

    Re: the colour of iTexas

    Not trying to defend UT here, but I believe they don't want people to be confused between the Official University of Texas App, and iTexas which appears to be a late-to-the-game copy/ripoff of the real thing.

     

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  38.  
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    Anonymous Coward, Feb 16th, 2010 @ 5:48pm

    Re: Texas

    Not to mention ... the state of Texas!

     

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  39.  
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    Anonymous Coward, Feb 16th, 2010 @ 6:16pm

    Texas® does anyone have the address for Governer of "The State Formerly Known as Texas" they can be served with a cease and desisist order :>

     

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  40.  
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    Anonymous Coward, Feb 16th, 2010 @ 6:19pm

    Re:

    Submit 26 trademark requests in Texas® ovbiously !!! They will sign anything :>

     

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  41.  
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    Anonymous Coward, Feb 16th, 2010 @ 6:40pm

    Re: FAQ: How mainland America collects royalties from China

    "Here's a radical idea: why don't we sell Texas to China to pay down some of our debt? I don't think they would mind."

    China doesn't buy toxic assets anymore.

     

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  42.  
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    Anonymous Coward, Feb 16th, 2010 @ 6:49pm

    Re: Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    They could be talking cattle for all I know... haven't seen a Jersey cow or a sports jersey recently... but you could make a killing trade marking "Jersey" and then "New Jersey" as a registered mark....

     

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  43.  
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    Anonymous Coward, Feb 16th, 2010 @ 6:51pm

    Re: Re: FAQ: How mainland America collects royalties from China

    Why don't we trademark "China", then we collect royalties on the import industry... and don't forget "Japan" and "Mexico", our other big "Made In" (ooh.. that too) countries.

     

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  44.  
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    Anonymous Coward, Feb 16th, 2010 @ 6:55pm

    Re:

    Sorry, the reference for the governor is unavailable, due to using "Texas" in the phrase "The State Formerly Known as Texas".... You'll have to address it to the "Governor of Tejas" and hope that the "Tejas Auto Group" doesn't receive the message in the Houston area.

     

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  45.  
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    Anonymous Coward, Feb 16th, 2010 @ 7:42pm

    Re: Re: Trademarking an entire state?

    Uh oh, I bet Mr. T owes them a lot of money.

    Stuff like this isn't uncommon. Greed has absolutely killed this country.

     

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  46.  
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    DUH, Feb 16th, 2010 @ 8:03pm

    Well Duh,

    The App is quite obviously using the "Texas" name to better market its app. If it were called say "directory of joe blow", it would not be as popular as "itexas" the only thing they need to do is to change the name to something original. The "namer" of the app is obviously infringing on the Texas name. It would be like me making a app called iNike" and having it be a list of all the different brands of Nike shoes, and selling this app to make myself rich. Take it down and come up with some originality and stop leaching off big names....

     

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  47.  
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    Anonymous Coward, Feb 16th, 2010 @ 9:50pm

    Re: Well Duh,

    The App is quite obviously using the "Texas" name to better market its app.

    Well duh, indeed. And that's perfectly legal as long as they aren't causing people to confuse them with the university itself.

     

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  48.  
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    toddski (profile), Feb 16th, 2010 @ 10:09pm

    Re: Well Duh,

    You making an app called Nike should have completely different ramifications than you making an app called Texas - in terms of name. There could well be an argument in terms of the maps and other material though. That withstanding, it seems the makers originally changed the name out of respect to the university, which seems courteous enough.

    The worst thing is that UT seemingly thinks it has something to gain out of this action. If they care about their students (and don't want to cause any unrest) then they would let the app continue. Its only providing useful information right? What's even better is that it provides information to people who are new around the facility.
    Maybe if they worked with the app creators rather than against them then they could have come to some sort of agreement anyway?

    Fools.

     

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  49.  
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    Any Mouse, Feb 17th, 2010 @ 1:56am

    Re: GOOD

    Yes, yes, death to America...

    But, Paco? This is about trademark, not copyright.

     

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  50.  
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    Anonymous Coward, Feb 17th, 2010 @ 2:45am

    Re: There's a "Everything's bigger in Texas" Joke in here somewhere.

    Remember, this is the state where The Oprah was sued for defaming the beef industry.

     

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  51.  
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    Jamie (profile), Feb 17th, 2010 @ 4:29am

    I pay licence fees to UT so that I can say I was born in Texas(TM)

    Is every child born in Texas slapped with a copyright law suit seconds from emerging from the womb?

    Would not be surprised.

     

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  52.  
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    Seth, Feb 17th, 2010 @ 6:41am

    Before everyone gets their panties in a bunch

    While that blurb is convenient for mockery let me point out a few things:

    -there is already an official app that has most of this functionality AND IT WAS APPROVED.
    -the iTexas app uses COPYRIGHTED data without permission
    -the app INSECURELY and INAPPROPRIATELY caches your university credentials

    It's easy for everyone to see the little guy getting crushed but that isn't the real issue at stake. It's someones app not abiding by the policies set for interaction with University data. FERPA is no laughing matter.

     

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  53.  
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    Anonymous Coward, Feb 17th, 2010 @ 7:41am

    Their panties came pre-bunched

    Thanks for the info Seth.

    It's good to know someone has the real story. I guess the trademark issue is UT's strongest defense, but they have everyone's security in mind.

     

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  54.  
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    Eric, Feb 17th, 2010 @ 9:30am

    Re: Before everyone gets their panties in a bunch

    I thought this was a oxymoron
    "-the iTexas app uses 'COPYRIGHTED data' without permission"

    I didn't think you could copyright data, or information. Information is information.

    If they are against the app for security reasons then that is how they should represent their case. To say they have a copyright on the word "Texas" is quite insane. And anyway the App is named iTexas.. not Texas.

     

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  55.  
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    Eric Foster-Johnson, Feb 17th, 2010 @ 9:42am

    Re: iDumbAss

    How about simply iTexAss for the new name? That name would point out a commentary on the situation.

     

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  56.  
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    nasch (profile), Feb 17th, 2010 @ 9:54am

    Re: Before everyone gets their panties in a bunch

    What does any of that have to do with trademark law?

     

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  57.  
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    Anonymous Coward, Feb 17th, 2010 @ 10:34am

    Re: Before everyone gets their panties in a bunch

    -there is already an official app that has most of this functionality AND IT WAS APPROVED.

    So what's wrong with competition. Or maybe that's what this is all about: trying to eliminate competition.

    -the iTexas app uses COPYRIGHTED data without permission

    Seeing as how US law doesn't allow data to be copyrighted, I don't see how that could be true.

    -the app INSECURELY and INAPPROPRIATELY caches your university credentials

    That's not a trademark issue.

     

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  58.  
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    Anonymous Coward, Feb 17th, 2010 @ 10:36am

    Re: Their panties came pre-bunched

    Thanks for the info Seth.
    It's good to know someone has the real story.


    Is that you again Seth, or has the university sent multiple shills over here?

     

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  59.  
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    Tyanna, Feb 17th, 2010 @ 10:40am

    Re: Re: the colour of iTexas

    Is there an official UT app? If yes, then what is it's name? If no, then what confusion?

     

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  60.  
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    Tyanna, Feb 17th, 2010 @ 10:51am

    Re: Before everyone gets their panties in a bunch

    1. If an app was approved, what was the name of the app. A trademark violation would only apply if there was confusion between the name of the one provided by the university and the one provided by this company.

    2. I find that doubtful. As has already been said by the posters above me, you can't copyright data. And second, if the app was using copyrighted data, then UT would have filed a copyright violation and take down order, not a trademark violation.

    3. Again, if that was the case then the university should have blocked the app from accessing it's obviously open API. Or they should have went to the company and expressed it's concerns...not file a trademark violation!

     

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  61.  
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    iamtheky (profile), Feb 17th, 2010 @ 2:53pm

    Re: Re: Before everyone gets their panties in a bunch

    If any of that was true, they would not have opted for the valid Copyright claim rather than retarded "We trademarked Texas" claim. And how dare they cache your username and password like every other user friendly aggregating application. And if there is access to certain data via certain credentials, and that data is only displayed when those credentials are provided, exactly which part is infringing. (please say the method, that sounds like fun)

     

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  62.  
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    Huh, Feb 17th, 2010 @ 2:54pm

    Hmmmmmmmmmmmmmm?

    Walker, Texas Ranger - so what would Chuck do?

     

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  63.  
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    Anonymous Coward, Feb 17th, 2010 @ 11:53pm

    Re: Re: Re: the colour of iTexas

     

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  64.  
    identicon
    Anonymous Coward, Feb 26th, 2010 @ 8:47pm

    MutualMobile.com is there website.

     

    reply to this | link to this | view in thread ]


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