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

Posted on 1/19/18 at 3:55 pm to
Posted by FairhopeTider
Fairhope, Alabama
Member since May 2012
20760 posts
Posted on 1/19/18 at 3:55 pm to
quote:

If they do then the braves should sue Bama for stealing their A.


I wonder if any school had a logo like Auburn's before AU adopted it?.....
Posted by CRDNLSCHMCPSN11
Member since Dec 2014
17262 posts
Posted on 1/19/18 at 5:32 pm to
Both letters look quite different to me. Any lawyers here?
Posted by piggilicious
Member since Jan 2011
37299 posts
Posted on 1/19/18 at 5:46 pm to
Good luck to Bama.

I’d like to sue that piece of trash too just for breathing and certainly if he ever tried to speak for/make money off of my school.
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
26957 posts
Posted on 1/19/18 at 6:00 pm to
quote:

The hell they don't. The A doesn't have to be a 100% exact replica


Depends on context, but it kinda does. You can't trademark the general idea of a script A, which is why Bama and the Braves can both trademark their own versions. The Braves would likely object if Bama started selling licensed shirts using the Braves' version for whatever reason, and vice versa. The context might change the argument to a degree, but trademarks and copyrights are pretty specific


The example you gave is two different organizations with their own logo which is long established. The yearbook example I gave is more relevant to Travis. High schools have sometimes tried to use a logo that is really close to Coke or Pepsi's, for example, including the color, and a catch phrase made popular by the company ("it's the real thing", for example) in a play on one of their ad campaigns, and the yearbook publisher won't publish without permission of the company.

That's exactly what Travis is doing.
Posted by yatesdog38
in your head rent free
Member since Sep 2013
12737 posts
Posted on 1/19/18 at 7:12 pm to
Fun fact about Clay Travis.

The world would be a better place if he got stranded on a remote island for 20+ years.
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
54623 posts
Posted on 1/20/18 at 10:19 am to




In 2012, ESPN reportedly paid about $7.3 billion over 12 years for broadcasting rights to all seven games, an average of about $608 million per year.

Pretty clear violation so Alabama will be the least of Clay Travis worries.
Posted by BamaAlum02
Huntsville, AL
Member since Nov 2005
1009 posts
Posted on 1/20/18 at 12:55 pm to
According to a post I saw on Twitter, he did originally use the "official" A and then switched it. I would think that helps UA's case as it illustrates he is obviously trying to use the trademarked A and get by on a technicality.

Posted by m45auburn
Auburn
Member since Aug 2014
4467 posts
Posted on 1/20/18 at 1:03 pm to
Damn Tennessee's AD suing Alabama? This should end well.
Posted by jledet
Panhandle
Member since Jan 2008
4922 posts
Posted on 1/20/18 at 1:07 pm to
The bama script A has a mullet. That is the difference from them and he braves logo
Posted by Cheese Grits
Wherever I lay my hat is my home
Member since Apr 2012
54623 posts
Posted on 1/20/18 at 1:12 pm to
50% polyester

Bama fans may be slow, but not going 100% cotton was a dumb move.
Posted by randomways
North Carolina
Member since Aug 2013
12988 posts
Posted on 1/20/18 at 1:18 pm to
quote:


The example you gave is two different organizations with their own logo which is long established. The yearbook example I gave is more relevant to Travis. High schools have sometimes tried to use a logo that is really close to Coke or Pepsi's, for example, including the color, and a catch phrase made popular by the company ("it's the real thing", for example) in a play on one of their ad campaigns, and the yearbook publisher won't publish without permission of the company.

That's exactly what Travis is doing.


I acknowledge the point but don't buy the argument, and I doubt a jury would either. There's nothing in the image that requires it to be Bama-specific. The trophy has been won by multiple programs, there are quite a few Hawaiians in this country, and, unless somebody knows something I don't, Tua isn't credited with saying anything along the lines of that message. Can we infer it's a reference to Bama and Tua? Sure, as can a jury or judge. But establishing a trademark violation has a fairly rigorous standard and I'd say the odds are on Travis' side here.

Now, the image of trophy itself is unambiguous and the CFP organization can certainly go after him for that.
Posted by Bham4Tide
In a Van down by the River
Member since Feb 2011
22087 posts
Posted on 1/20/18 at 1:25 pm to
Does Clay Travis keep bumping this thread to stay relevant?
Posted by dat yat
Chef Pass
Member since Jun 2011
4307 posts
Posted on 1/20/18 at 2:06 pm to
Kinda reminds me of the flap between the NFL and New Orleans area t-shirt shops:

quote:

Louisiana's attorney general said Monday that shops can sell T-shirts with the phrase "Who Dat" and the fleur-de-lis symbol if they don't make other references to the New Orleans Saints or the National Football League.


The A is different, the colors are off and it does not mention the university or football team. That trophy is CFB reference, so Bama has a case. I think they lose if they pursue it.
Posted by Jenar Boy
Elsewhere
Member since Aug 2013
12530 posts
Posted on 1/20/18 at 2:08 pm to
If true, that’s ghey
Posted by CRDNLSCHMCPSN11
Member since Dec 2014
17262 posts
Posted on 1/20/18 at 9:44 pm to
So how many here bought a shirt?
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
26957 posts
Posted on 1/22/18 at 5:14 pm to
quote:

I acknowledge the point but don't buy the argument, and I doubt a jury would either.


There are lawyers at Jostens that no doubt disagree.
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