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  • Wisky sues Washburn

    Wisconsin, Washburn wrangling over ‘W’ logos
    The Associated Press
    Published Tuesday, December 4, 2007


    MADISON, Wis. — This legal dispute is sponsored by the letter W.

    For the first time, the University of Wisconsin-Madison is taking another school to court to protect the trademark of its prized W logo.

    The university filed a federal trademark infringement lawsuit last week against Washburn University in Topeka. The 7,200-student university uses a W to promote its athletics teams.

    The lawsuit says Washburn’s Ws are too similar to Wisconsin’s so-called Motion W logo.

    “Washburn is making use of both identical and confusingly similar variations of the Motion W mark, in a blatant attempt to trade on the goodwill of Wisconsin,” the suit says.

    Washburn spokeswoman Dena Anson said the university hasn’t yet received the lawsuit. But she called the controversy baffling.

    “We don’t understand how the two Ws could be a point of confusion,” Anson said.

    The Wisconsin lawsuit seeks an injunction barring Washburn from using the Motion W mark or any trademark similar to Wisconsin’s and demands that Washburn recall and destroy any infringing products. It also seeks compensation for profits Washburn earned on its logo and punitive damages.

    The university has aggressively defended the logo used by UW-Madison athletic teams since 1990, but it has never taken another school to court.

    “It’s unfortunate and certainly regrettable from our perspective,” said Casey Nagy, an assistant to UW-Madison Chancellor John Wiley. “We really haven’t had this kind of situation develop with a college or university.”

    The lawsuit says UW-Madison lawyers have badgered Washburn over the last six years to stop using the logos. Washburn has repeatedly assured Wisconsin it will stop but has instead expanded its use, the suit claims.

    The lawsuit accuses Washburn of “willfully, intentionally and maliciously” using the Motion W logo to deceive consumers and cause confusion.





    No wonder I could never find Camp Randall Stadium driving through Topeka this Fall! I was very confused ...

    I have no idea how Wisconsin intends to prove Washburn did this maliciously. What a bunch of dolts.
    http://www.youtube.com/watch?v=fkpl68bfCtM

  • #2
    Wow. And I thought the BCS schools were arrogant and malicious when it came to tournament selection committees. . . .
    The fact that man is master of his actions is due to his being able to deliberate about them.-- Thomas Aquinas

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    • #3
      If I were a Wisconsin taxpayer I'd be peeved at this complete and utter waste of time, resources, and money. Even if true, it would be interesting to see the cost-benefit analysis. I'd be calling for the head of a University President. Geesh!

      Do our esteemd attorney's have any comment?
      “Losers Average Losers.” ― Paul Tudor Jones

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      • #4
        I think I'm going to copyright the rest of the capital alphabet in italics.

        Wisconsin, you've got "W", but I'll have A through V, X, Y, and Z.

        Ca ching!!
        The truth will set you free. But first, it will piss you off.

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        • #5
          There's a school down here - The Woodlands High School - that was forced by Wisconsin to stop the use of their W.

          Local high school forced to change logo in dispute with university

          The Woodlands High School is having to change its letter logo because it's just too close for comfort for the University of Wisconsin. It might seem funny, but it's serious business for the University of Wisconsin. We spoke to the Conroe ISD superintendent, and he said he first found out about the problem a year ago. He contacted Barry Alvarez, football coach and athlete director for the University of Wisconsin, and was told not to worry about it.

          Even though they said it was no big deal, the university apparently changed its mind, and The Woodlands is having to change its W.
          But to Wisconsin, it's not just another W -- it's the 'motion W' they've had trademarked for 11 years. The school told Eyewitness News that other schools using the motion W dilutes the identity and reduces the value to the university. And so, it has asked 40 schools in 26 states to change their W's.
          Old logo on the right compared against Wisconsin's on Left:


          New logo

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          • #6
            Wisconsin athletics makes a lot of money. They have as much right to protect their brand as any other company.

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            • #7
              Originally posted by CharlieHog
              Wisconsin athletics makes a lot of money. They have as much right to protect their brand as any other company.
              I understand what you're saying, and it's a true statement. However, I find the remark a bit funny since this is a non-profit entity we're talking about here.

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              • #8
                Originally posted by CharlieHog
                Wisconsin athletics makes a lot of money. They have as much right to protect their brand as any other company.
                Yes, but really Charlie, were you confused by the two W's. When you saw the different color and different shape did you say to yourself, "I know it looks different but I wonder if that's the Wisconsin logo?" If you did, then all I can say is



                Go Hogs!
                The fact that man is master of his actions is due to his being able to deliberate about them.-- Thomas Aquinas

                Comment


                • #9
                  The Washburn logo, I can see the similar style, but I would not have thought of Wisconsin in seeing it. The color would be the reason for that.

                  However, I can see their case with The Woodlands HS. One of the first things I thought of when I saw that logo on bumpers down here was Wisconsin. At first, I was amazed at the number of Wisconsin alumni... then I saw something that associated it with Wisconsin. The difference is subtle, so I understand the confusion. But a HS? Really? Are they really riding the coattails of the Badgers successes?

                  After all, I've lost count of the number of "Power Cat" helmets I've seen on HS teams.

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                  • #10
                    Isn't Washburn known for it's Law School? What does Wisconsin have? Beer and cheese. No wonder Washburn has been stringing them along for six years. :lol:
                    "Hank Iba decided he wouldn't play my team anymore. He told me that if he tried to get his team ready to play me, it would upset his team the rest of the season." Gene Johnson, WU Basketball coach, 1928-1933.

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                    • #11
                      How long has Washburn been using their W

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                      • #12
                        Originally posted by TxShox
                        After all, I've lost count of the number of "Power Cat" helmets I've seen on HS teams.
                        dont forget Hawkeye logos

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                        • #13
                          Originally posted by tgcshock
                          Originally posted by CharlieHog
                          Wisconsin athletics makes a lot of money. They have as much right to protect their brand as any other company.
                          Yes, but really Charlie, were you confused by the two W's. When you saw the different color and different shape did you say to yourself, "I know it looks different but I wonder if that's the Wisconsin logo?" If you did, then all I can say is



                          Go Hogs!


                          man that's low. haha.

                          I agree with most that in this case I don't think the W's are similar enough to cause confusion.

                          But the Woodlands one is very similar.

                          High schools are becoming bigger and selling their brand nationally. Their games are televised nationally. There are reality shows about high school sports teams (not just Two a Days but also a series on Versus).

                          I heard that Tulsa Union has to pay Miami for the use of their logo. (it's red and black instead of orange and green)



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                          • #14
                            I heard that KSU charges high schools $1 to use their logo. I have no idea if that is true, but regardless, I think having a high school use your logo is a great idea and a great way to market their school for dirt cheap.

                            Wisconsin is insane for stopping a high school in Texas from using their logo. I'd think they'd want to PAY high school teams in Texas to use their logos. Practically every D1 program in the country recruits Texas.

                            It doesn't always work, though, because the Jeanette (PA) High School Jayhawks are home to national #1 football recruit Terrelle Pryor, and I'd be shocked if he even opened our recruiting letters. Hey Terrelle, want to stay a Jayhawk?
                            http://www.youtube.com/watch?v=fkpl68bfCtM

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                            • #15
                              Re: Tulsa Union logo...that is correct. The University of Miami threatened to sue, they settled. Last I heard, we (Union) has to pay Miami $1000 per year for the rights for the logo.

                              BA

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