April 21, 2008
Canes changing school nickname to Da O??
In an extremely odd move, the University of Miami is putting heat on the University of Nebraska - Omaha because the Canes feel that the Mav's trademarked logo -- an "O" -- is too similar to UM's copyrighted "U" design.
But the issue has come up between the respective schools' licensing agencies. Strategic Marketing Affiliates is UNO's licensing agent."No legal paperwork has been filed by either side," Miller said. "They've raised the concern that they view our logo as being similar to theirs. We see it differently."
According to the Omaha World-Herald, Miami believes there are "similarities in how the colors are separated at the bottom of the letter and in the shape of the sides".
Now... business is business. OK. Trademarks may only be enforcable if they are actively defended. Blah, blah, blah. I get it.
But seriously... is anyone really going to confuse the Miami Hurricanes and the University of Nebraska - Omaha Mavericks?!?! No... so MOVE ON.
Comments:
TampaGator said:
posted on April 21, 2008 4:12 PM — 205.188.116.136 — link — abuse?
Miami is right in asserting its IP rights here.
________________________________________________
From the article:"...No legal paperwork has been filed by either side," Miller said. "They've raised the concern that they view our logo as being similar to theirs. We see it differently....They told us we're in violation and they want us to stop...."
READ: Miami sent them a "cease and desist" letter--a prerequisite to filing an action in court to enforce the TM.
...a shot accross the bow--for now, anyway.
[b/t/w: it's protected by TM, not copyright. Copyright law wouldn't offer the U any protection here, because...well....just trust me on this one...].
_________________________________________________
Further:"...Miller said Miami raised its objection late last month, as UNO looked to capitalize on the popularity of its logo..."
Coincidence that this logo is catching on? I doubt it.
I'm not saying Miami wins if this thing goes to court--too early to tell--I AM saying they are absolutely right in asserting their TM rights as aggressively as possible. Sit on your hands, and your tacit approval will be thrown back in your face if you ever try to enforce your rights down the road.
...and again, I'm inclined to think that the growth in popularity of the logo is not merely coincidental. A poor man's "the U"--UNO appears to be capitalizing on the value built into the logo by "the [real] U" (a cheap knock off if you perefer).
...I just ain't buying the "coinicidence" bit. Sales are up for a reason; this is probably it.
________________________________________________Frankly I find it more odd when schools don't do anything--e.g.--Interlocking ND used by North Dakota is identical to Notre Dame's. Notre Dame has the ND TM'd; yet they let No. Dak'a continue using it. A mistake IMO; if they ever try to enforce it down the road, they'd likely be found to have waived their rights.
__________________________________________________Besides--Miami lost their home; they've lost their stranglehold on recruiting in south Florida; they've lost their mystique; they've lost their edge; hell, they've lost their mojo...
...what else have they to fight for, if not their very identify?
My $.02.
GO GATORS!!
kershawdw said:
posted on April 21, 2008 6:43 PM — 24.250.161.161 — link — abuse?
Tampa Gator how did we loose recruiting?According to ESPN we are #1, and we may have lost a lot of things but recruiting isnt one of them and we certainly haven't lost to the gators any time in recent history.
Kevin I question the validity of this as a prior post you made regarding the U was completely false (ref Miami getting an all black Uniform).Makes no sense I would like to see a credible source please?Husker Chris said:
posted on April 21, 2008 9:14 PM — 98.16.153.54 — link — abuse?
F the Canes. This is ridiculous. How much of a threat is UNO to the once mighty Miami Hurricanes? Even in a marketing sense? How many people go to the sporting goods store and think hmmm... Miami or Omaha Mavs, I can't decide? You know the world has too many lawyers when...
Zac said:
posted on April 21, 2008 9:15 PM — 209.36.193.14 — link — abuse?
TampaG, I agree; everyone has a right to due process if they feel their rights, life, liberty, pursuit of happiness, are being infringed upon, or they are being made less whole by the actions or inactions of others. No matter how silly, baseless, unfounded, ridiculous, or stupid the complaint, everyone has a right to be heard. It’s a power we all possess. It’s too bad some of us neither possess the brains to know how to wield such power responsibly.
This is where I agree with 1st & Nole. Who ever you are who has brought this complaint to bare, you’ve been heard. Now, shut the f***ck up before you embarrass all the good that’s left of the University of Miami. I’m willing to bet, the staff, students, and alumni are doing more than just rolling their collective eyes over this latest outrage. They’re likely wondering how many more ways that certain morons can find to stupidly bring the wrong king of attention to “The U”.
If “similar” is the only basis of this complaint, then everyone’s nose is similar to that of Jimmy Durante’s, and we’ll all have to get them lopped off. Color schemes aside, the very curvature of those characters that went into making the letters of each respective helmet are not only configured differently, they are mathematically defined differently.
The only reason these pompous idiots are going after UNO is 1) They think UNO is too small to fight back; 2) They think they can do this and get away with it. I sincerely hope UNO doesn’t take this laying down. Rather, I sincerely hope they give those involved precisely what they deserve: a one way ticket to the unemployment line. (If I had jerks like this working for me, I’d want to get rid of them as well.) If true, it’s time to stop this nonsense; the University of Miami has enough black eyes without adding this to the mix.
gatorhippy
posted on April 22, 2008 7:39 AM — 70.121.155.98 — link — abuse?
said:
Looking at the two logos you have to ask yourself...
"How is it that this "O" deserves a lawsuit and the Univerity of Oregon's "O" does not?"
As the Oroegon "O" is more similiar to the Miami "U" in form than the UN-O "O"...
The reason lies in branding and sponsorship loyalties...
Miami and Oregon both have huge sponsorships from Nike...
While UN-O wears adidas...
That is why there is a lawsuit over this "O"...
TampaGator said:
posted on April 22, 2008 11:05 AM — 71.100.203.247 — link — abuse?
Kershawdw:
I said Miami "lost its stranglehold on SoFla recruiting", not that it lost its recruiting ability altogether. That is, Miami no longer gets pick of the litter in South Florida, with the rest of the CFB world to fight over sloppy seconds. Miami has lost a lot of ground in its own back yard, though I will concede that RShannon has made significant progress in re-asserting the U in SF (which I believe he will lose again, after the debacle of the U in Dolphin Stadium becomes apparent).
Zac:
This isn't a matter of due process or civil rights--and no one's suggesting that it is. It's a matter of property rights. A business builds up value in a brand has to zealously protect their rights, or risk losing the periphery of their rights. The problem is that once you surrender a peripheral aspect of a TM, there's no asserting rights over it down the road--because the other guy will have beceome vested in it, and you will be deemed to have essentially permitted it.
Recall a movie back in the '80's--"Coming to America"--McDougal's symbol looked suspicoiusly like McDonalds's (golden circles or loops opposed to golden arches (about as much as the "O" above looks like the "U"). Do you think McD's would really permit a McDougal's to operate in real life? Of course not. Why not?
Big bad Mickey D's threatened by some small start up? Nope.
Answer: McD's would zealously protect the periphery of their TM--b/c once you lose any aspect of it, it's gone--and they have way too much invested in their brand to permit chipping away at the periphery.
Gatorhip:
I disagree there. Oregon's "O" is of a similar font, but not the same color scheme (left side clear, right side filled in). Nike v. Addidas doesn't come in to play IMO; this is about the U protecting its turf).
The article reports UNO's sales were up; why might that be? Who the hell is UNO that anyone wants their stuff? In a year when Neb. just hired Pelini, and Big Red Country is optimistic again?
I just think there might be something to it (the similarity), and the U is justified in defending its territory.
...too bad they didn't put up more of a fight for their real turf--the OB (RIP).My $.02.
GO GATORS!!40 Acres of Burnt Orange
posted on April 22, 2008 2:40 PM — 192.91.75.29 — link — abuse? said:
All this trademark crap makes me sick. Even when UT sued A&M for the use of the longhorns logo with the horns sawed off. I mean give me a break must all the "powerhouse" schools always try to snag every penny that isn't nailed down? Miami is just making themselves look absolutley retarded by doing this. But just think the way Miami has played lately Nebraska-Omaha could probably give them a good run for their money!
HookEmHorns!
posted on April 22, 2008 3:19 PM — 68.211.176.68 — link — abuse?War Eagle Atlanta
said:
Can somebody explain to my satisfaction when and why Miami chose a 'U' for their logo? Come on, Canes fans. They must have told you that when you jumped on the bandwagon, right?
Maybe it stands for 'unique', because the letter U is only part of the acronym for 116 of the 119 teams playing Div 1-A football today...
Hricane23 said:
posted on April 22, 2008 4:11 PM — 170.135.241.46 — link — abuse?
WEA-
The "U" was designed by a marketing firm back in 1973. The "U" was chosen to differentiate the University from other "M" schools. The "U" lead to such marketing slogans as "U gotta believe" and "U is great".
The ibis was chosen as the mascot because legend has it that the ibis is the last to leave before a hurricane, and the first to return after it.
Sebastian was the name given to the mascot, who is named after San Sebastian Hall, a student residence hall on campus.
And as we learned in an earlier topic, the colors represent an orange tree. The green leaves, the white blossoms, and of course, the orange fruit.
Ramblin' Gator said:
posted on April 22, 2008 4:40 PM — 74.185.133.40 — link — abuse?
#14: WEA, I think your count is off by a couple...
Boston College,
US Air Force Academy
US Military Academy
US Naval Academy...and of course...
THE Georgia Institute of Technology :-)
..all play in the division formerly know as "I" and lack the word "university" in their official titles. So I believe the correct count is 114 of 119 have U's in their titles.
Back on topic...
I work with a lot of lawyers as different parts of my day job gets into patents, legislation, and open source, which is governed by copyright law. I happened to be speaking with my company's VP of intellectual property a few hours ago, so I took the opportunity to ask him about this case. He tells me that this is a perfectly legitimate complaint and the litmus test is whether a reasonable person would confuse one logo for the other. Which brings me back to my original observation on this subject:
If you can't tell an "O" from a "U" the you are either illiterate or functionally blind.
posted on April 22, 2008 5:13 PM — 68.211.176.68 — link — abuse? said:
Cane23: Thank you--exactly what I was looking for. Just curious: Did they used to have a 'M' logo prior?
Ramblin: I was just taking a rough guess. BC instantly came to mind, but I forgot about the service academies. And how could I forget Tech?
Let's see. Last time I surveyed the Latin alphabet, 'O' and 'U' were two different letters. I don't care what your script looks like, they're not the same. Case closed!
Hricane23 said:
posted on April 22, 2008 5:18 PM — 170.135.241.46 — link — abuse?
TE,
I've been celebrating my alma mater's National Championship in basketball.
By the way, back in my younger days, I played a little intramural ball here at the University of Kansas. One season, we played a team led by none other than Lester Earl, who was then ineligible after transferring from the Louisiana State Pentitentiary, nee, University. I took him to the rack on one dubious play, and after a remarkable shot that brought all of his athletic department buddies to a roar, he called me a "little beach." At least, I think that's what he said.
Warmest regards,
Hricane23
Hricane23 said:
posted on April 22, 2008 5:28 PM — 170.135.241.46 — link — abuse?
WEA-
St. Augustine once said, "He that is not jealous is not in love."
And I think it was Voltaire who said, "Jealousy is a sumbitch."
Anyway, about this whole "your 'O' looks like our 'U'" thing, talk about a non-issue!
Seriously, why waste any of our "Miami fans are stupid"'s, and our "No we're not, you are"'s on this? Don't we have more important topics to opine on? Like Preston Parker's recent legal issues?
There's been no papers filed, and it's just some people trying to justify their paychecks and retainer fees. Somewhere, there's a few lawyers having a laugh over this.
posted on April 22, 2008 5:36 PM — 68.211.176.68 — link — abuse? said:
Cane 23: How is it you went to KU but are a Cane fan? Please tell me you're originally from Miami-Dade, either the region or the prison... :-)
With all due respect, I don't believe I've ever encountered a Cane fan on here who actually matriculated at UCG. Anyone?
posted on April 22, 2008 5:49 PM — link — abuse? said:
@OU-Ron - You are correct, it was the retailer. It's in the archives here somewhere.
@TampaGator - I don't think it is a coincidence that UNO changed its logo and saw an increase in retail sales. I think most marketing reports will show you that new designs lead sales - which is why so many schools have introduced alt designs. I do **not** think the sales increased because of some perceived resemblance. I don't see it, personally.
Hricane23 said:
posted on April 22, 2008 6:05 PM — 170.135.241.46 — link — abuse?
WEA,
It's really a "boy meets girl" kind of story. It was back in '88. I was in the 6th grade (sorry if that makes anyone feel old). There was a girl in the class that was Miss Priss, you know the type. She was an OU fan, and they were playing the Canes in the Orange Bowl. I went for the U just to spite her. Canes won, and I've been a fan ever since.
I was born and raised in Kansas, but have trekked to various Canes games over the years. I went to KU because I couldn't stand the morons at K-State.
Additionally, I wasn't a KU fan until Coach Self came along. I've been a Cane for 20 years. I guess you could say I'm more on KU's bandwagon, although I've paid the dues through a couple of first round losses.
Hricane23 said:
posted on April 22, 2008 6:10 PM — 170.135.241.46 — link — abuse?
WEA-
Last thing, you asked if Miami had used an "M" before the "U". Here's the "Helmet Project", which has been linked to before on this site. It shows that Miami used a "UM" logo only in the 1970 season. Prior to that, they had used nothing, jersey numbers, and the "Hurricane Warning" flag. Enjoy!
posted on April 22, 2008 8:18 PM — 68.211.176.68 — link — abuse? said:
Cane 23: You think you feel old. I was a junior in college in '88. I guess if you've been on the bandwagon for 20 years it adds legitimacy. Maybe you should be a Jayhawk football fan again. With Mangino thinking Arby's, the XII is wide open!
Ron: He's such a tease like that...
Tomcat said:
posted on April 23, 2008 1:42 AM — 69.153.82.144 — link — abuse?
#26 Hrcane Thanks for the link, been there once before it seems that some of the most successful teams havent changed much over the years Mich, Ohio St, Bama,AU, Tex, Ark are all about the same.
Some others like Rice & IA St have changed alot over the years.
#17 Rambling G & #18 WEA Im in complete agreement, these are after all completeley different letters and colors.
UM comes into Aggieland this year ought to be a good one.Welcome to Kyle Feild and the 12th man.
Adios TomcatZac said:
posted on April 23, 2008 2:25 AM — 209.36.193.14 — link — abuse?
TG (Post 11) I think you and I have a case of tah-may-tow/tah-mah-tow going. Not to mention, I not only understand your comments, I actually agree with them. Simply put, as your compadre’, RG stated in post 17, “...this is a perfectly legitimate complaint...” I don’t think anyone can argue with the “legitimacy” of the complaint. Many things are perfectly legal in this country. Unfortunately, too many legal things are either just plain stupid or terribly immoral. Though that tends to be the exception, as opposed to being the rule, such is the fallibility of law.
The big issue here is what constitutes “similar” to the point at which the “original” is encroached upon by the “up-start”? While one can pick out actual "similarities" (Hell, the base helmets themselves are "similar".), would any court in this country determine that UNO’s helmet logo has infringed upon U of M’s trademark? In my opinion, the answer is, “No”. But, I wouldn’t hang my hat (or helmet) on that. Stranger things have happened in the court room.
Speaking of Ramblin’G, how did you & WarEagleA manage to forget to place VPI, as in VA Polytechnical Institute (aka, VA Tech) on your list? No doubt there are others we’re forgetting, but that was the 1st one I thought of.
WarEagle (Post 27), “You think you feel old. I was a junior in college in '88.” I had graduated from college and both kids were in middle school by that time. Give me a break. OH, and I don’t “feel” old; I feel "better".
Tomcat, former Mountaineer HC, Don Nehlan, jumped into the marketing thing big time with WVU’s new helmet logo (Thank GOD you can’t get either a “U” or an “O” out of WV.). Rich Rodriguez continued the tradition with annual changes in uniforms, including a throw-back to the one with the state on the helmet. It made WVU lots of money. Without question, if one makes the right changes and applies the right marketing, the results can be lucrative.
Tomcat said:
posted on April 23, 2008 4:33 AM — 69.153.82.144 — link — abuse?
Hey Zac Saw a T.V. interveiw with coach Stewart today and sounds like hes got it going on.The Mountaineers have alot of returning talent and should really do well next season.The players seem to like the fact that Stewart is not a micro managment type of guy and lets his assistant coaches do their thing respectively.Which is probably the way it should be, after all WV has an excellent staff and the players seem to respond better with the different managment of the program through the delagation of the coaches duties.
Yes I'm in agreement concerning uniform changes and marketing of a team.I guess I'm kinda old school in the sense that if it aint broke dont fix it and I can understand how some coaches want to change the uniform to define an era.Rice for example had three different coaches in three years and three different helments.I really cant understand some changes like Kansas for example.
Adios Tomcat
BTW In 88 I was driving a tractor trailer rig delivering meat and renting a junky trailer in the country.I was so broke I couldnt even pay attention. Oh yes the good old days, driving a 68/74 GMC/Chev that was a five tone- not a two tone.The cab was different than the bed and the engine came out of a wrecked camero.Looked like sh-t but that SOB would run, I dont know how fast because I never got the speedometer working.Ramblin' Gator said:
posted on April 23, 2008 10:12 AM — 67.97.209.36 — link — abuse?
#29: Zac, sorry my friend, but Virginia Tech's official name is "Virginia Polytechnic Institute and State University" so they don't make the list.
Your points about the law are spot-on (IMO). Plenty of legal actions are simultaneously legitimate and stupid.
c-dogg said:
posted on April 23, 2008 10:17 AM — 66.219.131.67 — link — abuse?
1st & Nole(#1)....I agree this is retarded. Who Cares? I never even heard of this school until now. The only thing us Canes fans should be concerned with is USC & LSU going on a dynasty run like Miami has had since 1983. They are quickly on our tails for national titles over a 25 year run.
Tampa Hurricane
posted on April 23, 2008 11:14 AM — 24.96.199.254 — link — abuse? said:
War Eagle Atlanta,
re: post 22I believe that there is only one on fanblogs .... me! You can however count me as two as I received my BBA (Bachelor of Business Administration) in 2001 and a MPrAcc (Master of Professional Accounting) in 2002.
I do believe that I am the only one on here, from previous discussions I have had with others on fanblogs about true fans with ties to the University compared to groupies that just like the football program.
posted on April 23, 2008 1:12 PM — 68.211.176.68 — link — abuse? said:
Okay, I thought there maybe was one, Tampa Cane, and I guess it's you. With all due respect, Miami has to have more bandwagon fans than any other team in the Southeast due to their sudden success starting in the 1980s.
That's not to say that someone necessarily has to have gone there to be a true fan, but it probably will eliminate most fair-weather fans--the ones who aren't around during the lean years. JMHO...
Hricane23 said:
posted on April 23, 2008 2:46 PM — 170.135.241.46 — link — abuse?
WEA-
I think it all depends on where you're at. Here in Kansas, I see WAY more FSU and UF gear. Don't know if these people have ties to the school, but judging by the looks of a lot of them, I'd say they've never stepped foot inside a HIGH SCHOOL, let alone a college campus!
Additionally, you have to consider that UM is a private school, with a current enrollment of something like 15,000. So, there's simply not enough alum to have a big enough fan base. That's why the marketing aspect of it all is and was so important. Love them or hate them, the Hurricanes brand marketing has been extremely successful.
And Tampa-
My boss is an alum. Does that give me a tie? Keep in mind, I'm not a fan because he is. I've been a fan since '88, he's been my boss since '05, and I was employed before he was.
TampaGator said:
posted on April 23, 2008 3:11 PM — 205.188.116.136 — link — abuse?
***THIS IS A BLOODY OUTRAGE!!!!!!!!***
HOW CAN EVERYONE JUST ACT LIKE THIS IS NO BIG DEAL????
SOMEONE PLEASE STOP UN-OMAHA FROM THIS CRIME AGAINST HUMANITY!!!! THE "U" OWNS THE RIGHTS TO ALL LETTERS THAT LOOK LIKE THAT, AND THE WORLD WILL BE ONE CONFUSED MESS IF THIS OUTRAGE IS PERMITTED TO STAND!!!!
...ah just having some fun here fellas. Don't really give a damn one way or the other...I was just throwing my $.02 in there hopin' to shed some light on why Miami might make an issue of something so apparently trivial.
KEV: sure helps matters when your new design is conveniently, suspiciously reminiscent of another already immensely successful brand.
Zac: That's 'maters son.'MAY-TERS.
GO GATORS!!
FanoftheGame said:
posted on April 23, 2008 3:51 PM — 198.211.223.194 — link — abuse?
Nevermind the "O" in Oregon. From 1992 to 1997 Idaho State University used the same style Miami "U" in orange and black with an overlaped "I" & "S" in the middle. I haven't been able to find where Miami had an issue with it back then. Perhaps they did, but ISU still used it for 6 years.
I know that UM had an issue with Unionville High School in Tulsa, OK using the same style "U" in different colors, but they reached an agreement that limits Unionville's use of the logo and at a cost of $1000 a year.
Why doesn't Miami have an issue with the Hurricanes in the NHL? They use a two colored split hurricane logo and share the same "Hurricane" name.
Personally, giving someone sole rights to a letter of the alphabet, regardless of how it is colored is assinine.Imitation is supposed to be the highest form of flattery. Guess not.
Zac said:
posted on April 23, 2008 11:18 PM — 209.36.193.14 — link — abuse?
"I was so broke I couldnt even pay attention." Tomcat, I've always gotten a big chuckle out of that saying.
Ramblin'G, dern-it-awl, I forgot VPI syndicated many moons ago; I wanna say sometime in the late '70's, but I can't remember. At least I managed to get something right.
TampaG, is that MAY-TERS without a "TOW"?
Fanofthegame, Imitation IS the highest form of flattery, unless it involves the all-mighty dollar.
1st_and_NOLE
said:
posted on April 21, 2008 1:25 PM — 71.14.108.232 — link — abuse?Are you kidding me!?!? Would Miami please just shut up about this? This is stupid.
I could maybe understand if the colors were close too. But, we're talking completely different color schemes, completely different letters, and it looks to me like a completely different design.
If you want to get picky, going on the pictures provides by Kev, "the U" is much wider then "the O".
To claim the sides of a letter and how the colors connect is too close is... retarded.