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

Posted on 1/18/18 at 4:30 pm to
Posted by Cobrasize
Birmingham
Member since Jun 2013
49682 posts
Posted on 1/18/18 at 4:30 pm to
shite like this really makes the University look petty. Next, they'll threaten lawsuits because people are selling crimson shirts. I hate this BS
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79150 posts
Posted on 1/18/18 at 4:32 pm to
I imagine it's the "bitches" part combined with the fact that it's Clay Travis.

It's probably not worth the effort, but I'm not sure it's petty.
Posted by ColoBama
The Kayng of College Fusball, CO
Member since Dec 2016
7433 posts
Posted on 1/18/18 at 4:32 pm to
quote:

Section225


Attorney at Law.
Posted by BamaAlum02
Huntsville, AL
Member since Nov 2005
1009 posts
Posted on 1/18/18 at 4:36 pm to
quote:

So think the University has a case?


I'm not an attorney but I would think UA has a case. The intent is obviously to use the trademarked Alabama logo. A slight modification to the logo doesn't change that.

Do you think I could take the apple logo and remove the "bite" from the apple and slap it on a phone for sale? Not the exact same logo but I would still lose.
This post was edited on 1/18/18 at 4:38 pm
Posted by meansonny
ATL
Member since Sep 2012
25580 posts
Posted on 1/18/18 at 4:37 pm to
I don't know how parodies come into play with this type of trademark.

Outside of that, Bama has a claim. Crimsonish color. Scriptish letter. Obvious college football reference.
Travis is trying to make money off of Bama unless he can make this into some kind of joke/parody bit. And with the selling of merchandise, I just don't see that happening.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63922 posts
Posted on 1/18/18 at 4:38 pm to
quote:

The bar wouldn't give a shite.





Posted by cajunbama
Metairie
Member since Jan 2007
30949 posts
Posted on 1/18/18 at 4:40 pm to
quote:

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... m



BM Kyle proving what a stupid POS he is

Pathetic
Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:40 pm to
quote:

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


Blatantly erroneous? WTF. It is a blatant iteration of a trademarked Alabama logo referencing Alabama football. This is laughable to call it "blatantly erroneous"
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61155 posts
Posted on 1/18/18 at 4:41 pm to
quote:

The intent is obviously to use the trademarked Alabama logo.


How can you intend to use a trademarked logo? He didn't use the trademarked logo even though he could have, so how do you prove intent?
Posted by Jazzbo Depew
Bug Tussle
Member since Dec 2017
1765 posts
Posted on 1/18/18 at 4:42 pm to
One more issue, why does "head lice" pop up on a Clay Travis search ????????????????????????????????
Posted by BamaAlum02
Huntsville, AL
Member since Nov 2005
1009 posts
Posted on 1/18/18 at 4:44 pm to
quote:

He didn't use the trademarked logo even though he could have, so how do you prove intent?


I would think the fact that he paired it with the National Championship trophy is a pretty good indication.
Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:44 pm to
quote:

How can you intend to use a trademarked logo? He didn't use the trademarked logo even though he could have, so how do you prove intent?



You cant make a slight alteration to a logo and say it is fine. He ripped off a trademarked logo. I cant sell tshirts with the Polo logo just because I put the polo mallet in the riders left hand.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79150 posts
Posted on 1/18/18 at 4:45 pm to
I think he's being a little intentionally obtuse.

The intent isn't to use the exact logo, the intent is to resemble the logo to make the person encountering/buying the shirt think "oh, script A, for Alabama, Hawaii, Tua, I get it"
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 1/18/18 at 4:46 pm to
quote:

How can you intend to use a trademarked logo? He didn't use the trademarked logo even though he could have, so how do you prove intent?
One way to prove a trademark infringement claim is to show the defendant used a similar mark in such a way that it creates a likelihood of confusion, mistake, or deception with the consuming public.

Bama has an argument. Whether they would win or not, I won't venture a guess because I havent had enough experience in that arena.
This post was edited on 1/18/18 at 4:47 pm
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
54622 posts
Posted on 1/18/18 at 4:47 pm to
Clay Travis can pound sand

Alabama can sue today but that is close enough to the CFP trophy that the bigger lawsuit (and cease and desist order) will be coming down the pike from the CFP folks.
Posted by artompkins
Orange Beach, Al
Member since May 2010
5613 posts
Posted on 1/18/18 at 4:50 pm to
quote:

Don’t fuxk with Bama’s licensing department. They will take you to the mat.


I personally know someone this happened to and it was far less agregious than this. Dudes life was ruined with the amount he had to pay and he and his wife were both Bama grads. they were clearly in the wrong but the university wouldn't let up one bit.
Posted by HDAU
Member since Nov 2014
1569 posts
Posted on 1/18/18 at 4:50 pm to
But it isn't the Alabama A without the mullet!
Posted by StopRobot
Mobile, AL
Member since May 2013
15391 posts
Posted on 1/18/18 at 4:50 pm to
quote:

But it isn't the Alabama A without the mullet!



I will riot if they ever take that mullet away
Posted by elit4ce05
Member since Jun 2011
3743 posts
Posted on 1/18/18 at 4:51 pm to
Yes they have a case. From someone who sells Bama gear. Whether he got the A right or not, the colors, the A , and the CFP trophy clearly indicate he is making money using the university.
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
54622 posts
Posted on 1/18/18 at 4:51 pm to
quote:

I don't know how parodies come into play with this type of trademark.


The question of parodies are more problematic if Clay (I am a dick) Travis profits from said parody. If he is giving them away for free, he is not profiting in a company or personal way. If he is making even a penny per shirt profit, seems the ice under his feet gets a bit thinner.
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