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Lennard slapped with cease and desist letter

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Folks are going to be outraged because the big, bad University is picking on the little high school in Florida (and Arizona).  What few of them will understand is UT has to protect its copyrights and trademarks or it runs to risk of "allowing" their marks to slip into the public domain.  Once the copyright/trademark holder becomes aware that someone is potentially infringing on their protected rights, the holder of those rights (in this case, UT) has to take action to protect its rights.  Thus, the cease and desist letter. 

On occasion, the C&D letter will open up a conversation between the owner/holder of the rights (in this case, UT) and the alleged infringer (in this case, Lennard).  Sometimes these conversations will lead to an agreement whereby the holder allows the infrigner to use the protected marks in exchange for a nominal annual payment.  But, if this happens, then the infringer has acknowledged that they do not have any rights to the intellectual property rights associated with the marks, other than the rights given to them under the agreement (for as long as the agreement is in effect). 

In short, UT is doing what UT must do, under federal law, to protect its intellectual property rights. 

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The vast majority of the time, the recipient of a C&D letter simply makes a change or two to the mark (in most of these cases, that would be the logo) and the matter quietly dies.  

As I mentioned, the universities are in between a rock and a hard place.  If they send out the letter, they look like mean bullies pushing around the little high schools.  However, if they don't send out the letter, others can later claim that the university didn't take the necessary steps to protect their trademarks, thus allowing the mark/logo to become part of the public domain, where anyone can then have access to it. 

In short, the universities have to do this to protect their intellectual property rights. 

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On 8/13/2019 at 10:14 AM, Perspective said:

Folks are going to be outraged because the big, bad University is picking on the little high school in Florida (and Arizona).  What few of them will understand is UT has to protect its copyrights and trademarks or it runs to risk of "allowing" their marks to slip into the public domain.  Once the copyright/trademark holder becomes aware that someone is potentially infringing on their protected rights, the holder of those rights (in this case, UT) has to take action to protect its rights.  Thus, the cease and desist letter. 

On occasion, the C&D letter will open up a conversation between the owner/holder of the rights (in this case, UT) and the alleged infringer (in this case, Lennard).  Sometimes these conversations will lead to an agreement whereby the holder allows the infrigner to use the protected marks in exchange for a nominal annual payment.  But, if this happens, then the infringer has acknowledged that they do not have any rights to the intellectual property rights associated with the marks, other than the rights given to them under the agreement (for as long as the agreement is in effect). 

In short, UT is doing what UT must do, under federal law, to protect its intellectual property rights. 

The SAME thing happened in Macon, a coupla years ago! Where the Westside Seminoles, were told to remove the FSU logo from the Macon school's helmet!

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For about $300 they can get cool helmet decals with a similar Bull style logo in their colors from awarddecals.com. Takes about a week to get in the mail. Had some done for a JV team a few years back.

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