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re: He's baaaaack! Oh wait - he never left

Posted on 1/16/14 at 12:13 pm to
Posted by bamawriter
Nashville, TN
Member since Apr 2009
3163 posts
Posted on 1/16/14 at 12:13 pm to
quote:

I'd venture to say it wouldn't be hard to prove trademark damage by him personally being involved in the distribution of the memorabilia after the previous warning.


The previous warning doesn't carry the weight of the law. And the guy isn't violating any trademark, and arguing that he is damaging the trademark is a major stretch. The school might be able to wear him out on legal fees, but it would be the very definition of a frivolous lawsuit.
Posted by AUsteriskPride
Albuquerque, NM
Member since Feb 2011
18385 posts
Posted on 1/16/14 at 12:20 pm to
quote:


The previous warning doesn't carry the weight of the law. And the guy isn't violating any trademark, and arguing that he is damaging the trademark is a major stretch. The school might be able to wear him out on legal fees, but it would be the very definition of a frivolous lawsuit.


Meh, a cease and desist could be sent to him IMO to halt the sale of the items if they are in fact a threat to the institution. If he further violates those wishes, it wouldn't be hard to prove malice intent with the knowledge of NCAA violations. I don't believe that to be frivolous at all.

This post was edited on 1/16/14 at 12:23 pm
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