Collegiate Trademark Question - SEC Related

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"Northport bakery told to stop making treats with script 'A'"



Mary Cesar created a cake that resembled the BCS National Championship trophy for the Crimson Tide’s athletic department for National Signing Day in February. And when the University of Alabama Law School held a reception for its recent graduates, it ordered 10 dozen cookies decorated with a capital “A” for Alabama from her bakery.

But on Tuesday, Cesar, owner of Mary’s Cakes & Pastries in downtown Northport, received a letter telling her to stop using “trademarks, name, logos, colors, slogans, mascots and other indicia associated with the University.”

The letter came from Collegiate Licensing Co. in Atlanta, which has a contract with UA to provide licensing services for the university’s trademarked items.

The letter also demanded “that you advise us in writing of your compliance ... and furnish us a list describing each item manufactured and/or sold by you which bears the Marks of the University and each item that you presently have in inventory.

“Include the number and sales price of each item as well as profits earned. This information will be used to determine the amount of damages and legal costs due for your unauthorized use of the Marks,” the letter said.

“We pay a lot of attention to these sort of issues,” Cesar said. “That’s why we don’t use licensed characters, like those from Disney, on our cakes.”

But Cesar said she did not think putting an “A” on a frosted cookie cut in the shape of an elephant or a football was a problem.

“If UA sues us, it will put us out of business because we are a really small mom-and-pop-type of business.”

She said she can’t afford to fight UA or Collegiate Licensing Co. in court and plans to stop offering the products. She said she canceled an order this week from a customer who wanted some cookies with a capital “A” on them for a party this weekend.

Cesar said her research indicated it would cost $750 to $3,000 to apply for a license to use the items UA claims as trademarks and that she does not sell enough themed products to make that worthwhile.

Collegiate Licensing’s website also indicated that UA receives a 10 percent royalty on licensed products bearing its trademark.

“If I put an ‘A’ on a cookie, it is not like I am making gobs of money,” she said. “And until I got this letter, I did not think there was a problem.

“A large number of these cookies, we actually sell to the university and the athletic department. I assumed if we were doing anything wrong, they would not be ordering them.”

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