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re: University of Alabama threatening to sue Clay Travis over T-Shirts

Posted on 1/18/18 at 4:14 pm to
Posted by Jazzbo Depew
Bug Tussle
Member since Dec 2017
1765 posts
Posted on 1/18/18 at 4:14 pm to
I looked up Clay Travis, and this is the image that came up :


Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:15 pm to
quote:

He will just sell more shirts... Bama tried to sue over houndstooth before... they will lose..



You sue over anything to protect your trademark otherwise you lose it. Its a fricked up system. Alabama threatened to sue some little old lady over cookies with the Bama A that she was selling from her bakery. They made an agreement with her and she has to pay like $100 a year to use it but they do not frick around with it.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48925 posts
Posted on 1/18/18 at 4:15 pm to
quote:

I don't know, but I'm buying one of those shirts


this is the answer
Posted by BHMKyle
Birmingham, AL
Member since Feb 2013
5076 posts
Posted on 1/18/18 at 4:15 pm to
quote:

I'm just not sure how they would have case seeing as its a different 'A.' They don't have a trademark on the letter A.


And for that matter, if Alabama has a case against Clay Travis, then the Atlanta Braves have a case against Alabama. Bama just added a little mark at the top to their logo... making a slight, subtle change to the Braves "A" and otherwise copied it. Now Clay is doing it back to Bama, making a subtle change and they can't handle it.
Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:17 pm to
quote:

I'm just not sure how they would have case seeing as its a different 'A.' They don't have a trademark on the letter A.



Alabama literally trademarked the word Alabama
Posted by Warfarer
Dothan, AL
Member since May 2010
12125 posts
Posted on 1/18/18 at 4:18 pm to
Alabama's A has a mullet is the easiest way to remember which is which.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79150 posts
Posted on 1/18/18 at 4:18 pm to
It's obviously intended to resemble the script A for UA, and I'd be surprised if mimicking a mark with that obvious intent (even if the mark isn't truly the same) isn't infringement.

But I'm not an IP lawyer.
Posted by cajunbama
Metairie
Member since Jan 2007
30949 posts
Posted on 1/18/18 at 4:18 pm to
Clay chugs beers with his farthole
Posted by Lordofwrath88
Tuscaloosa
Member since Oct 2012
6857 posts
Posted on 1/18/18 at 4:18 pm to
Damn, I can see both sides.

A. You have to protect the brand, legally and obviously, anything with profanity on it, especially with what seems to be a very Tebow-esque athlete is probably not welcome...

B. It's not our logo and none or our copyrights are being used, thought the use of the CFP trophy may be subject, but that's the playoff's brand, not ours.


I don't think the university has a case, but I think they must think they have the most to gain by stopping them. I disagree as all they've done is made a niche little shirt that he'd probably sell 100 or so of, into a must have.
Posted by RECConspiracy
Birmingham, AL
Member since Dec 2013
2073 posts
Posted on 1/18/18 at 4:20 pm to
quote:

And for that matter, if Alabama has a case against Clay Travis, then the Atlanta Braves have a case against Alabama. Bama just added a little mark at the top to their logo... making a slight, subtle change to the Braves "A" and otherwise copied it. Now Clay is doing it back to Bama, making a subtle change and they can't handle it.


Actually, the Braves were in Milwaukee when this magazine was released. If anything, Atlanta stole it from us

Posted by CapstoneGrad06
Little Rock
Member since Nov 2008
72175 posts
Posted on 1/18/18 at 4:20 pm to
quote:

then the Atlanta Braves have a case against Alabama. Bama just added a little mark at the top to their logo... making a slight, subtle change to the Braves "A" and otherwise copied it.


The Braves were still in Milwaukee when Alabama started using the script A.
Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:22 pm to
quote:

And for that matter, if Alabama has a case against Clay Travis, then the Atlanta Braves have a case against Alabama. Bama just added a little mark at the top to their logo... making a slight, subtle change to the Braves "A" and otherwise copied it. Now Clay is doing it back to Bama, making a subtle change and they can't handle it.


The so does Arkansas. Atlanta does not own any iteration of the letter A. The logos are different enough to where there will be no confusion
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79150 posts
Posted on 1/18/18 at 4:23 pm to
I would be surprised if Clay recklessly did that without considering the IP ramifications, so thus I'd be surprised if he's not confident in some defense he has.

BUT, from my semester of IP courses I recall likelihood of confusion being a considerable factor as to this stuff, so my initial instinct would be Bama has a plausible case.
Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:24 pm to
This is a logo Alabama used in the 1970s that Alabama still has trademarked. Clay gonna lose

Posted by elposter
Member since Dec 2010
24899 posts
Posted on 1/18/18 at 4:24 pm to
quote:

Bama just added a little mark at the top to their logo... making a slight, subtle change to the Braves "A" and otherwise copied it.


Nuh uh the cross mark on the Alabama A has a completely opposite curvature than the cross mark on the Atlanta A so suck it.

Posted by Farmer1906
The Woodlands, TX
Member since Apr 2009
50309 posts
Posted on 1/18/18 at 4:24 pm to
I don't think Bama has a leg to stand on. The attention he gets from it will make Clay more money from the sales.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63928 posts
Posted on 1/18/18 at 4:26 pm to
quote:

The bar doesn't give a shite about a cease and desist letter.


They do, if it is blatantly erroneous and intending to harass or intimidate.


quote:

followed by a summons for harassment


If Clay sues them for harassment, there would be a summons.




quote:

PearlJam



Are you pretending to be a lawyer today?
This post was edited on 1/18/18 at 4:27 pm
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 1/18/18 at 4:28 pm to
quote:

They do, if it is blatantly erroneous and intending to harass or intimidate
The school has a colorable claim. The bar wouldn't give a shite.

quote:

If Clay sues them for harassment, there would be a summons
Care to lay out the elements of a civil harassment claim?

quote:

Are you pretending to be a lawyer today?
Sure. You?


Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37607 posts
Posted on 1/18/18 at 4:28 pm to
Yeah I’m sure that will scare them
Posted by Jazzbo Depew
Bug Tussle
Member since Dec 2017
1765 posts
Posted on 1/18/18 at 4:29 pm to
So, I understand that Clay Travis is a big time Tennessee fan, who challenges "sidewalk" fans of other schools. Turns out he attended George Washington University, and Vanderbilt.



Gotta watch those lawyers licensed only in the US Virgin Islands ,
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