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Posted on 1/18/18 at 4:53 pm to GIbson05
frick Clay Travis
Posted on 1/18/18 at 4:54 pm to Farmer1906
quote:
The attention he gets from it will make Clay more money than the sales.
FIFY
Posted on 1/18/18 at 4:54 pm to StopRobot
quote:
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.
Right, it doesn't have to be exact. As someone else mentioned, trademark infringement is about whether or not there is a likelihood of confusion. Alabama certainly has a case if they wanted to pursue it.
Posted on 1/18/18 at 4:55 pm to artompkins
quote:
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.
Part of the reason is the courts / judges will demand equal action to defend said property. If they say don't prosecute Bama grads but go after Clay (I am a penis wrinkle) Travis then a judge will not rule as severely.
If you don't protect it, you will lose it.
Posted on 1/18/18 at 4:55 pm to GIbson05
this is a win/win situation for travis. he has been trying for years to become a big time sports personality and will do anything to drive clicks/eyes to his brand. he could care less about selling t-shirts. he's an attorney and well aware of how protective alabama is of their their brand. just the news that he is possibly being sued by alabama will bring attention to him and that is what he wants
he will ride this for all it's worth before removing the product.
he will ride this for all it's worth before removing the product.
Posted on 1/18/18 at 4:56 pm to Cobrasize
quote:
shite like this really makes the University look petty. Next, they'll threaten lawsuits because people are selling crimson shirts. I hate this BS
The lady who baked the Script A on the cookies was borderline as I'm sure they don't want people using it to make money...even though she is such small potatoes they could have left her alone.
What I thought was a truly douche move was when the University made our non-varsity/club teams like hockey take the Bama logo off their uniforms.
This post was edited on 1/18/18 at 4:57 pm
Posted on 1/18/18 at 4:57 pm to bingo
quote:
bingo
Bingo
Posted on 1/18/18 at 4:59 pm to Pettifogger
quote:
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.
If he was worth a shite as a lawyer he wouldn't have had to find work in the US Virgin Islands and he'd still be practicing.
This post was edited on 1/18/18 at 5:08 pm
Posted on 1/18/18 at 5:02 pm to Dixie Howell
They sued the shite out of Daniel Moore. Why would the little old lady or Clay Travis get a pass?
Posted on 1/18/18 at 5:04 pm to Jazzbo Depew
quote:
One more issue, why does "head lice" pop up on a Clay Travis search ????????????????????????????????
quote:
Clay Travis, a Fox Sports contributor and man who has tried to build his latest persona around the phrase “Don’t be a pussy,” spent over 2,800 words complaining on his blog because an airline wouldn’t let his son, who had lice, fly on the plane.
LINK
Posted on 1/18/18 at 5:05 pm to Cheese Grits
Could Clay get punitive damages for doing this that exceed compensation for the infringement? Just because he's a dick and an arrogant POS? Asking for a friend.
Posted on 1/18/18 at 5:06 pm to meansonny
quote:
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.
It is part of the likelihood of confusion analysis, not necessarily an absolute defense. He would have to argue that the University of Alabama would never allow their mark to be used in this manner and thus there is no confusion in the mind of the consumer.
This post was edited on 1/18/18 at 5:24 pm
Posted on 1/18/18 at 5:09 pm to bgator85
quote:
He would have to argue that the University of Alabama would never allow their mark to be used in this manner and thus there is no confusion in the mind of the consumer.
In and of itself, that's a tough sell. He'd basically be arguing that he's allowed a confusingly-similar logo in this manner because Alabama would never allow their actual logo to be used in this manner.
Posted on 1/18/18 at 5:10 pm to GIbson05
They know they have no case. They hoped to intimidate him into not selling the merchandise.
Posted on 1/18/18 at 5:15 pm to GIbson05
Travis will win this lawsuit bigly. He clearly knew how to draw the A and differentiate it from Bama's. Hell Arkansas and Alabama "A" logo is virtually identical, but slight variations make them where they don't infringe on each other's copyrights.
Besides Bryant copied Arkansas's uniforms back in the day so they know better. Switzer did the same too, with Oklahoma uniform.
Besides Bryant copied Arkansas's uniforms back in the day so they know better. Switzer did the same too, with Oklahoma uniform.
Posted on 1/18/18 at 5:17 pm to 14&Counting
quote:
They sued the shite out of Daniel Moore.
Daniel Moore won- both in federal court and on appeal... and rightly so.
The University had to pay him $17k for legal fees.
Clay Travis will win, as well, if it's pushed that far.
The University also apologized to the bakery owner who received the cease-and-desist order over cupcakes with the letter "A" on them.
Interesting note- former UA Athletic Director Bill Battle founded collegiate licensing.
Posted on 1/18/18 at 5:23 pm to Chancellor
Daniel Moore won because he he was making those prints long long before Bama woke up and decided one day it wasn’t cool. Moore won because Bama allowed a course of dealing for years with Moore. Doesn’t mean they will let Travis skate.
Posted on 1/18/18 at 5:39 pm to GIbson05
Probably have a bit of a case because of the trophy (hard to argue the Braves can be associated with the CFP) but I'd imagine that the shirt is vague enough -- with no context most people wouldn't know what it specifically referenced -- that the script A not being Bama's version means the university will lose assuming the case isn't thrown out before there's even a trial. It's a tough sell to claim copyright/trademark when he literally isn't using the trademarked image
Posted on 1/18/18 at 5:41 pm to GIbson05
They have no case. If they do then the braves should sue Bama for stealing their A.
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