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re: He's baaaaack! Oh wait - he never left
Posted on 1/16/14 at 12:20 pm to bamawriter
Posted on 1/16/14 at 12:20 pm to bamawriter
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
4
Posted on 1/16/14 at 12:21 pm to AUsteriskPride
quote:
a threat to the institution
how so?
Posted on 1/16/14 at 12:21 pm to AUsteriskPride
quote:
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. I don't believe that to be frivolous at all.
unless he purchased the game worn stuff from the university direct, doesnt that that property actually belong to the university?
Posted on 1/16/14 at 12:22 pm to AUsteriskPride
quote:
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. I don't believe that to be frivolous at all.
I could send you a cease and desist letter to stop posting in this thread.
It would carry the same legal weight as Alabama's C&D to Tom about selling Alabama stuff.
Posted on 1/16/14 at 12:24 pm to AUsteriskPride
quote:
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.
The school doesn't own the items that are being sold. They don't have a legal right to demand that they cease being sold.
The State has a law on the books that makes it illegal to compromise the eligibility of a student-athlete. But it would be up to the State's Attorney's office to pursue that.
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