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Question about LSU licensing/copyrights...
Posted on 12/10/16 at 10:07 am
Posted on 12/10/16 at 10:07 am
I have a relative thinking about making some LSU-themed items for sale and wondering about outlets - I know specific things like the font, Eye of The Tiger, Toonces, etc., are copyrighted (pretty sure STTDB is not, haha) but are just generic terms/phrases like LSU, Tigers, Beat Bama, Go To Hell Ole Miss, Geaux, etc. OK, fair game?
Also, do outlets carrying "officially licensed LSU products" have an exclusivity agreement or contract(will not offer any "unlicensed" items)?
TIA for useful info...
Also, do outlets carrying "officially licensed LSU products" have an exclusivity agreement or contract(will not offer any "unlicensed" items)?
TIA for useful info...
7
Posted on 12/10/16 at 10:20 am to StadiumDormRat'72
If you use the school colors with anything related to LSU sports you will need to get a license or they will shut you down.
U.S. Court of Appeals for the Fifth Circuit -- ruling in a case involving an apparel manufacturer that made T-shirts that incorporated the colors but not the names or logos of major college football programs -- declared that the use of "color schemes along with other indicia" that have come to be strongly associated with a university can be enough to trigger a finding of trademark violation when they create a "a probability of confusion" in the mind of consumers.
So you can use those phrases, but not with Purple & Gold. Or use purple & gold with a phrase not associated with LSU (make up some new stuff?)
Or only sell a small quantity and they wont care.
U.S. Court of Appeals for the Fifth Circuit -- ruling in a case involving an apparel manufacturer that made T-shirts that incorporated the colors but not the names or logos of major college football programs -- declared that the use of "color schemes along with other indicia" that have come to be strongly associated with a university can be enough to trigger a finding of trademark violation when they create a "a probability of confusion" in the mind of consumers.
So you can use those phrases, but not with Purple & Gold. Or use purple & gold with a phrase not associated with LSU (make up some new stuff?)
Or only sell a small quantity and they wont care.
Posted on 12/10/16 at 10:25 am to StadiumDormRat'72
My wife has sold art work she has done with LSU themes. "LSU" and the colors are trademarked for sure. It was in the early 2000s so I don't remember the details but she contacted LSU and got them approved. We sent a fee which I think was 6% every quarter to BR. It wasn't a hard process. The wife told me one day she was doing a baseball poster with Skip and would get him to autograph it. I laughed and told her she wouldn't get within 100 yards of Skip. I have no idea how she did it but she drove over and was got to see with no problem. He signed it and my kids came back with baseball and baseball cards. 
Posted on 12/10/16 at 10:28 am to StadiumDormRat'72
Good luck. I tried to get the CLC license for some premium golf accessories and got turned down. These products are truly superior in quality and design than Team Effort, Team Golf, and any other crap that's out there. LSU guy in charge of that stuff said no. There's a thousand or more LSU-licensed products in the market, and ours got rejected.
Posted on 12/10/16 at 10:32 am to StadiumDormRat'72
Seems like some good responses.
My cousin dated this girl like 5 or so years ago. Ditched her at his sisters wedding because she shady as hell. Anyway, she is in bug trouble for quite a bit, but using trademarked items is one of them.
Lincoln journal star
My cousin dated this girl like 5 or so years ago. Ditched her at his sisters wedding because she shady as hell. Anyway, she is in bug trouble for quite a bit, but using trademarked items is one of them.
Lincoln journal star
Posted on 12/10/16 at 10:49 am to kengel2
stores that sell LSU products, also turn you down, as they fear getting - cutoff!
had a tee shirt & still have a box of them!
had a tee shirt & still have a box of them!
Posted on 12/10/16 at 11:01 am to TigerBlazer
thanks, didn't know that color schemes could be considered proprietary...
I'm wondering how agressive they pursue small-potatoes stuff - somebody has been selling a whole bunch of those P&G "Imagine....a world without Alabama" T-shirts for years, for instance.
I'm wondering how agressive they pursue small-potatoes stuff - somebody has been selling a whole bunch of those P&G "Imagine....a world without Alabama" T-shirts for years, for instance.
Posted on 12/10/16 at 11:12 am to TNTigerman
quote:
Good luck. I tried to get the CLC license for some... accessories and got turned down.
hmmm- interesting; so even if you try to "stay above-board legit" and pay them their cut they still may say "no"?
(There wouldn't be much competition for this stuff, though - not T-shirts, more like decorative crafts.
Did Chicken have to pony up a few cents when I clicked on that P&G emoticon?
Posted on 12/10/16 at 11:19 am to agdoctor
quote:
...wife has sold art work...with LSU themes. "LSU" and the colors are trademarked for sure...she contacted LSU and got them approved. We sent a fee which I think was 6% every quarter
Thanks. Do you remember if that 6% cut was a standard rate or was it negotiated? Wondering if that figure ould be used for speculative number-crunching....
Posted on 12/10/16 at 2:10 pm to StadiumDormRat'72
It's too hard and too expensive for an individual to get a Trademark or Digital Properties license. You can make 10,000 t-shirts, items, etc. with LSU's logo, but the moment you sell one of those - it's "illegal" (or better worded "against the rules"). Also, keep in mind, it's not just the logo and colors, it's also the name ("LSU", "Louisiana State University", etc.). As others have stated, if your relative just sells stuff locally and not in high quantity, it will probably be fine. If LSU doesn't know, it's their fault. Protecting Trademarks is the responsibility of the holder, no one else. If the school would get word of this, they may leave it alone, if they take action, it would just be a cease and desist letter.
I've talked to lawyers and professionals about this for other uses and this was basically their explanation to me. My curiosity was in the digital properties arena (using logos/names on websites). Basically, you can use the logos and names IF you are just reporting. But to use it as draw to your company or site is considered infringement.
I've talked to lawyers and professionals about this for other uses and this was basically their explanation to me. My curiosity was in the digital properties arena (using logos/names on websites). Basically, you can use the logos and names IF you are just reporting. But to use it as draw to your company or site is considered infringement.
Posted on 12/15/16 at 12:27 pm to StadiumDormRat'72
From LSU et al. v. Smack Apparel Co.
One of the designs in question featured LSU's winning final score from the Sugar Bowl, with the phrase "Sugar is Sweet." Although "LSU" was nowhere to be found, the shirt did use the university's signature purple and gold.
The federal court wrote:
This is so, we have noted, because Smack's use of the universities' colors and indicia is designed to create the illusion of affiliation with the universities and essentially obtain a 'free ride' by profiting from confusion among the fans of the universities' football teams who desire to show support for and affiliation with those teams. This creation of a link in the consumer's mind between the t-shirts and the universities and the intent to directly profit therefrom results in 'an unmistakable aura of deception' and likelihood of confusion.
LINK
On a related note, have you seen the 30x30 Catholics vs. Criminals? Check it out.
One of the designs in question featured LSU's winning final score from the Sugar Bowl, with the phrase "Sugar is Sweet." Although "LSU" was nowhere to be found, the shirt did use the university's signature purple and gold.
The federal court wrote:
This is so, we have noted, because Smack's use of the universities' colors and indicia is designed to create the illusion of affiliation with the universities and essentially obtain a 'free ride' by profiting from confusion among the fans of the universities' football teams who desire to show support for and affiliation with those teams. This creation of a link in the consumer's mind between the t-shirts and the universities and the intent to directly profit therefrom results in 'an unmistakable aura of deception' and likelihood of confusion.
LINK
On a related note, have you seen the 30x30 Catholics vs. Criminals? Check it out.
Posted on 12/15/16 at 12:36 pm to StadiumDormRat'72
This is the most helpful and substantive information I've seen in a while on tRant when OP asks a question - consider yourself blessed! 
Posted on 12/15/16 at 12:45 pm to TIGERsinceCONCEPTION
I am honestly shocked that no one berated him or told him to google it. This thread is incredible.
Posted on 12/15/16 at 12:54 pm to Wind
quote:
am honestly shocked that no one berated him or told him to google it. This thread is incredible.
Posted on 12/15/16 at 12:57 pm to agdoctor
quote:
My wife has sold art work she has done with LSU themes
I'm not a lawyer but I'm pretty sure if the art is original and does not use copyrighted logos or trademarked terms/phrases, it protected under law.
Posted on 12/15/16 at 1:13 pm to Number 31
An example of the ferocity with which schools protect their copyright.....Donut Taco Palace in austin was sued by UT for making selling these donuts.
Posted on 12/15/16 at 3:16 pm to StadiumDormRat'72
I was painting the eye a few years ago and selling them for a few bucks.
Collegiate Liscencing people sent me a real nice cease and desist
Whatever you are doing has to be like at least 20% different than the copyright
Collegiate Liscencing people sent me a real nice cease and desist
Whatever you are doing has to be like at least 20% different than the copyright
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