UW sues over similar W logo
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by Logan Jaffe
Wednesday, December 5, 2007 00:24
After six years of negotiations, the University of Wisconsin is pursuing legal action against Washburn University for infringement of UW's trademark "Motion W" logo.
The Board of Regents filed a lawsuit last week stating Washburn must refrain from using the symbol, recall all infringing products and compensate UW for all sales involving the logo.
During the past six years, Washburn has repeatedly agreed to change its logo, but UW officials said Washburn has instead expanded its use. The logo adopted by Washburn has a motion "virtually identical" to UW's, the university believes, but in the color blue.
"The law says if we allow anyone to use [the logo] without complaint, we lose protected status despite what color it is," said Casey Nagy, special assistant to Chancellor John Wiley. "We never threatened [Washburn], and we always intended to minimize their financial harm. We just want to protect our mark."
Washburn University is a public, four-year institution in Topeka, Kan., with about 7,200 students. The logo is used in the school's athletic department and is featured on uniforms, the football field, basketball court and a wide variety of merchandise.
According to Nagy, UW went through a detailed search to make sure no other institution had a similar logo. The logo has not changed since it was trademarked in 1990 with the national Collegiate Licensing Company. Washburn's logo was trademarked in 2000, he added.
"A W is a W is a W," said Dena Anson, Washburn's director of university relations. "We were just kind of puzzled by the suit when the litigation started. It's just our opinion that the W's are not the same. Ours is blue."
According to Anson, Washburn's logo has edging for a border and straight edges, while UW's has a shadow and more curvy lines. To Nagy, the different colors of the logos are insignificant because from a university perspective, the issue is what the symbols stand for.
"The Motion W is emblazed at center court in the Kohl Center, in the middle of the football field and on every jersey worn by student athletes, not to mention on half the T-shirts sold around here," Nagy said. "People have an association with the Motion W with the University of Wisconsin."
The Motion W has been used to promote UW educational and athletic goods and services since 1929. When the symbol was officially trademarked, its use was specified for "clothing, namely T-shirts, sweatshirts, sweaters, jackets and headwear," according to the lawsuit. UW also owns state of Wisconsin registrations for the logo, including souvenir items, written materials, buttons, banners and advertisements.
"Undoubtedly, the logo is part of both Washburn's and Wisconsin's identity, but it's not like either of us have been using it for over 50 years," Anson said. "These things change with time and styles that are popular."
According to Nagy, the lawsuit has nothing to do with money. If the Motion W were lost, UW would still sell other products with Wisconsin logos. It's about what people identify the university with, he said.
"I believe that [people] who associate the Motion W and UW would object to the dilution of that value by seeing Motion W in literally hundreds of different contexts that didn't have to do with the university," Nagy said. "It's exactly that impact that we're concerned about."
Feedback
Anonymous (December 5, 2007 @ 7:43am):
As an alumnus of a school in Washburn's conference, I've wondered for years how they were able to copy Wisconsin's logo. I guess the Ichabods needed something to spice up their athletic program.
Anonymous (December 5, 2007 @ 8:54am):
Westside High School in Omaha Nebraska also uses the motion W
Anonymous (December 5, 2007 @ 11:20am):
Interesting news--how about SHOWING US the logos, guys? Ever heard of 'show, don't tell'?
Anonymous (December 5, 2007 @ 11:38am):
Simple trademark case. They're going to be forced to change their logo, or pay a substantial fee to continue using it.
Anonymous (December 5, 2007 @ 12:29pm):
Check it out at http://www.wusports.com/
That is a motion W if I ever saw one
Anonymous (December 5, 2007 @ 2:59pm):
They've even had the gall to put a little TM next to it!
Anonymous (December 5, 2007 @ 4:54pm):
UW is ridiculous, its an academic setting that is trying to perpetuate a problem that has been threatening our legal system for years, frivolous law suits. This is just UW trying to make a little cash, get a little publicity! Again, its ridiculous that UW is trying to take action to interrupt the academic environment of both schools.
Anonymous (December 5, 2007 @ 7:48pm):
Looks like WU students saw the story ...
Anonymous (December 5, 2007 @ 8:21pm):
It's not ridiculous at all. If the UW doesn't protect their copyright, they lose it.
Anonymous (December 5, 2007 @ 8:45pm):
How many different ways are there to make a W.. or a U from past sueings.. If this were really to pass, than I know of at least 3 other highschools that should be asked to change their logo.. Every W I have seen has been different from Wisconsins W.. in color and shape.. how can you sue if it's not even the same W.. Not to mention as I previewed your website I saw at least 3 other W's used.. so again I ask, how many different ways are there to make a W, especially if you have taken 3. This is so absurd.. Does Wisconsin have nothing else to do, but bother a much smaller school 3 states away... and what better time to upset a student body than around christmas.. You say what nerve does washburn have to use the tm, haha, what nerve does Wisconsin have in sueing for a different W.. Aren't there more important things in this world?
Anonymous (December 5, 2007 @ 10:00pm):
UW is ridiculous, its an academic setting that is trying to perpetuate a problem that has been threatening our legal system for years, frivolous law suits. This is just UW trying to make a little cash, get a little publicity! Again, its ridiculous that UW is trying to take action to interrupt the academic environment of both schools.
In reply to this comment:
UW legally has to enforce its trademark/patent rights or they run the risk of losing them. I surprised UW waited this long to attempt enforcment
Anonymous (December 6, 2007 @ 2:26pm):
Wisconsin and Washburn don't compete for the same students, they don't compete in the same athletic venues, they don't compete in the same novelties market. So what is the harm in them both having/using similar, but different motion W?
-RCM
Anonymous (December 6, 2007 @ 3:31pm):
It's not a frivolous lawsuit. A logo is a protected identity mark. They often cost big bucks to develop, and universities make a lot of money in royalties that come from the sale of merchandise with their logos. I can't go out and put the Nike logo on clothing and sell it as my own - the same applies here. If an academic institution doesn't understand and abide by the law, I'd question the ethics of those in charge.
Anonymous (December 6, 2007 @ 4:08pm):
Focus your energy on the academic program . . . but I guess in a place that pays it's football coach millions of dollars, frivolous effort on non-academic pursuits is par for the course.
Anonymous (December 7, 2007 @ 1:11pm):
At my school the royalties from the sale of merchandise with the school's logo goes into the fund for academics. Regardless of your personal opinions about funding athletics, licensing and trademarks are legal issues and must be enforced. A successful athletic team just brings more demand for the logo. UW should have taken stronger action long ago.
Anonymous (December 11, 2007 @ 12:59pm):
Are they gonna sue Wikipedia for stealing their trademark also? What about George W Bush. I'm pretty sure his "W" stickers violate their trademark. This lawsuit is laughable
Anonymous (May 14, 2008 @ 9:19pm):
The W is not the same. Look at it. Period.
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