University Of Illinois Attempts To Trademark Bully An Alumnus After Failing To Stop His Trademark Registration

from the miga dept

It's not a great look when our institutions of higher learning either can't get their own collective shit together on matters of law or else attempt to bully former students with specious claims. And, yet, this appears to happen far too frequently. The most glaring example of this was Iowa State University's attempt to violate the free speech rights of its students that resulted in a $400k bill of blowback. Now it seems that the University of Illinois is seeking to trademark bully an alumnus after failing to take action during that alumnus' trademark registration for a t-shirt in orange and black that reads "Make Illinois Great Again."

It claims that an alumnus selling orange-and-black T-shirts with the phrase “Make Illinois Great Again” and a drawing of Chief Illiniwek (below) – the politically incorrect mascot itdumped 11 years ago – is trampling on the taxpayer-funded institution’s intellectual property.

The News-Gazette reports that the university claims the shirt’s colors are its “trade dress,” UI is often referred to as just “Illinois,” and that the shirt’s drawing of the chief infringes a 2007 photo of the chief. Therefore, defendant Ted O’Malley is “creating confusion in the marketplace” about who is behind the shirts.

You should recognize that this whole thing is absurd. The t-shirt makes no reference to the college beyond the image of The Chief, a dumb "mascot" that the school abandoned over a decade ago. U of I does use orange as a school color, but not black. Orange is also used as the color for many things. Oranges, for instance, turn out to often be orange in color. So do other universities, such as Syracuse. Regardless, while there is a nod to the Illinois school in the design of the t-shirt, it's not one that makes confusing use of trade dress for the school, nor is it one that would cause confusion in the marketplace. In fact, the whole point of the shirt is to protest U of I's shitty athletic program.

It's quite hard to argue that anyone viewing that shirt, or the ad for it, is going to think it is coming from the school the shirt is criticizing. O'Malley's lawyer obviously agrees.

“No one in their right mind would possibly believe that was something furnished by the University of Illinois,” said his attorney, Doug Johnson. “It’s much like someone making something that said ‘Make America Great Again’ being sued by America.

“They are a state actor, and they don’t like the message. They’re trying to stifle First Amendment rights.” …

“How many pictures of the Chief have been taken over the last 30, 40 years?” he said. “That’s like saying I took a picture of Wrigley Field, and you can’t draw a picture of Wrigley Field because I took a picture of it one time.”

The most face-palming aspect of all of this is that the school had every opportunity to raise these issues when O'Malley registered for a trademark on his slogan and shirt design. Upon his doing so, the school apparently challenged the registration... before falling asleep and forgetting that it had to do more than that.

The university sought to stop approval of the trademark in November but couldn’t be bothered to respond to a motion to dismiss by O’Malley’s lawyer Johnson.

In that motion with the U.S. Patent and Trademark Office, Johnson said the sought trademark was a “political statement” against the state government for its “unpaid bills of over 15 billion dollars” and record of tax hikes, as well as an athletic statement against the poor performance of the university’s football and basketball teams.

Johnson pointed to the nearly 900 registered trademarks with the word “ILLINOIS” in them and said his client’s design didn’t use italics, as does the university’s official design.

And that was it. The school never responded. In other words, the trademark concerns it claims to hold so much so as to cause it to sue a former student were apparently not so important to warrant a simple legal response to a proceeding the school itself had initiated.

It might be time to make the University of Illinois' legal team great again. Or, if not great, perhaps responsive?


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  • This comment has been flagged by the community. Click here to show it
    icon
    Rajeev Parashar (profile), 2 Apr 2018 @ 9:33pm

    Nice

    great job...
    It's not a great look when our institutions of higher learning either can't get their own collective shit together on matters of law or else attempt to bully former students with specious....

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

  • identicon
    Pixelation, 2 Apr 2018 @ 9:49pm

    Hmmm

    " Now it seems that the University of Illinois is seeking to trademark bully an alumnus after failing to take action during that alumnus' trademark registration for a t-shirt in orange and black that reads "Make Illinois Great Again." "

    And yet, neither is present to the fact that Illinois was never great in the first place.

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

  • identicon
    Anonymous Coward, 2 Apr 2018 @ 11:22pm

    Trade Dress

    Maybe J├Ągermeister should get involved?

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

  • identicon
    Anonymous Coward, 3 Apr 2018 @ 12:16am

    "Oranges, for instance, turn out to often be orange in color."

    Judging based on skin color, better check your privilege or the snowflakes are going to get you.

    /s

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

  • identicon
    Anonymous Coward, 3 Apr 2018 @ 6:36am

    Remember - Orange is the New Black

    Or will that be the next stupid lawsuit?

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

  • icon
    That Anonymous Coward (profile), 3 Apr 2018 @ 7:09am

    We will spare no expense to keep the little people from offending us!
    We can't bother to have a decent Title IX program but we had plenty of money to send the lawyers out.

    Perhaps people need to be asking why of all of the issues facing colleges that ZOMG THIS SHIRT deserved a pointless legal battle.

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

  • identicon
    SSDD, 3 Apr 2018 @ 8:50am

    Is this what happens when you try to run a university like a business?

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

  • identicon
    Whoever, 3 Apr 2018 @ 1:31pm

    The color orange

    Oranges, for instance, turn out to often be orange in color.

    You have it backwards. The color "orange" is named after the fruit.

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

    • identicon
      Anonymous Coward, 3 Apr 2018 @ 2:07pm

      Re: The color orange

      They are picked while not ripe and sprayed with chems to make them orange before being put on the shelves so that unsuspecting customers might assume they are ripe.

      A fresh picked, ripe (orange in color) orange is much more tasty.

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

  • University Of Illinois Attempts To Trademark Bully An Alumnus Af

    A rare case when I fully agree with Techdirt's comments about a trademark dispute. Looks like the University of Illinois has just created a no-win situation for themselves. They will look dumb if they drop the case. They will look dumb if they lose the case. And if they somehow win the case, it will generate so much shi-TM-storm that they'll wish they'd never win it in the first place.

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


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