Universities Aggressively Policing Their Trademarks.

Hello:

Universities are cracking down on individuals who sell their team logos, names, or any gear associated with their teams without a proper license. The University of Cincinnati recently enforced their trademark rights by filing cease and desist actions against several retailers, boosters, and students selling unauthorized merchandise. The cease and desist letters demanded immediate compliance as well as return of any profits or merchandise to the university.

The University of Cincinnati will also join other Universities in pursuing trademark infringement litigation against several national resellers who refuse to stop selling their merchandise without a license. Specifically, the Universities are concerned with lost licensing revenue; selling of inconsistent trademarks between the Universities and resellers; and brand protection.

The Universities are doing the right thing. As I have previously discussed, if a trademark owner does not protect or police their trademark or brand, the results are:

1. lost of trademark rights;
2. loss of licensing revenue; and
3. brand dilution.

Remember when pursing a trademark infringement claim, the courts will examine whether the trademark owner did its duty in protecting its trademark. If a trademark owner it too lax in protecting their brand, the court may consider the trademark too weak.

I welcome your thoughts!