UT sues Aggie Outfitters

[neck_06]

if this isn't being a sore loser, then i don't know what is.

UT sues over sawed-off horns
Vendor claims logo parody protected under First Amendment
By: Rick Rojas

"Saw 'em off," a logo often seen printed on T-shirts and other apparel, is at the center of a legal dispute between the University of Texas and a College Station merchant.

The UT Board of Regents filed a formal legal complaint against College Station-based Aggieland Outfitters and its parent company, Kalcorp Enterprises, for manipulating the UT longhorn silhouette on the products.

"Defendants' unauthorized use of UT Marks complained herein is likely to cause confusion, to cause mistake, or to deceive customers," wrote Louis T. Pirkey, an attorney representing the Board of Regents, in the complaint.

Merchandise with the logo has been sold since 1997, and there have not been any complaints, until now, said Fadi Kalaouze, owner of Aggieland Outfitters and Kalcorp.

Kalaouze attempted to trademark the logo, but was denied by the U.S. Patent and Trademark Office.

"The similarities among the marks and the goods are so great to create a likelihood of confusion," according to the final action of the U.S. Patent and Trademark Office.

Kalaouze said he holds "seven copyrights with the longhorn at different angles."

The suit was filed Dec. 4, just days after Texas A&M had beaten UT in football on Nov. 24.

". . . UT's complaint is a legally baseless display of poor sportsmanship," according to Kalcorp's motion to dismiss.

Both the office of the Board of Regents and the public affairs office at UT were contacted, but neither was available for comment.

Kalaouze, Class of 1991, is an immigrant from Lebanon who paid his way through A&M by selling T-shirts in the main hallway of the MSC. Since then, his business has grown into Aggieland Outfitters, which he started in 2000 with his wife Hege, Class of 1990.

The saw 'em off products make up the majority of his sales, and this business is his family's source of income. If Aggieland Outfitters were forced to halt the sale of these products, it may push them out of business, he said.

"This is a big chunk of what we do; this is our identity," Kalaouze said.

"All we have worked for in the past 15 years would go down the drain."

In the lawsuit, UT says Kalaouze's product takes advantage of the University's long-standing reputation:

"Defendants' unauthorized use of the UT marks?enables them to trade on and receive the benefit of goodwill built up at great labor and expense over many years by UT."

However Kalaouze said, "in all this time, we've never had a Longhorn come in requesting that design."

Kalaouze said this is not just a fight for his livelihood - it's a fight to save a valued Aggie tradition.

"Part of who we are as Aggies is sawing the horns off the longhorns, and we must keep doing that," he said.

Travis Nap designed the sawed off Longhorn logo more than 10 years ago and was one of the partners in filing the copyright application.

"That saying (saw 'em off) has been part of our tradition for a very long time," Nap said. "The fight song is the origin of that logo."

Nap said this lawsuit is a baseless and ridiculous impulse that will be good for A&M in the end.

"This is a part of cherished rivalry between two great schools," he said. "The problem is UT has too many lawyers trying to justify their jobs."

Kalaouze said this unjustified lawsuit is comparable to the biblical fight of David and Goliath, with his small business being pitted against the richest university in the state.

However, he said he had spoken with several lawyers before deciding to pursue this costly legal fight, and all told him the saw 'em off logo is a parody - which is protected under the First Amendment of the Constitution, he said.

"If we defend it right, we are going to win," Kalaouze said.

[Adidas410s]

The funniest quote from this article...

"Part of who we are as Aggies is sawing the horns off the longhorns, and we must keep doing that," he said.

[BIG BLUE DEFENSIVE END]

I have one of the Saw 'Em Off stickers on the back window of my truck.

[JasperDog94]

nm

[Txbroadcaster]

IF and I mean IF The store is using or manipulating a UT trademark, then how is it any different than A&M suing the Seahawks for using the 12th man?

[BIG BLUE DEFENSIVE END]

Originally posted by Txbroadcaster
IF and I mean IF The store is using or manipulating a UT trademark, then how is it any different than A&M suing the Seahawks for using the 12th man?

The thing is, it's not the UT Trademark anymore, it's a different logo.

[Ranger Mom]

Originally posted by Txbroadcaster
IF and I mean IF The store is using or manipulating a UT trademark, then how is it any different than A&M suing the Seahawks for using the 12th man?

I guess I just don't "get it"! I think both lawsuits are petty!

[Phil C]

Originally posted by Txbroadcaster
IF and I mean IF The store is using or manipulating a UT trademark, then how is it any different than A&M suing the Seahawks for using the 12th man?

[Phil C]

Originally posted by BIG BLUE DEFENSIVE END
I have one of the Saw 'Em Off stickers on the back window of my truck.

It works sometimes but it sure didn't work last night at the Women's basketball game did it Big?

[Txbroadcaster]

Originally posted by BIG BLUE DEFENSIVE END
The thing is, it's not the UT Trademark anymore, it's a different logo.

Still, if a logo resembles to the point of looking exactly like a trademarke and money is made from it then they can sue...Now I am not saying they should sue or anything, I was just pointing out how they could

[pirate4state]

Originally posted by Ranger Mom
I guess I just don't "get it"! I think both lawsuits are petty!

I am the queen of petty.

[BTEXDAD]

Originally posted by Txbroadcaster
IF and I mean IF The store is using or manipulating a UT trademark, then how is it any different than A&M suing the Seahawks for using the 12th man?

agreed also. But as someone else said, both lawsuits are petty (and childish. )

[pirate4state]

Originally posted by BTEXDAD
agreed also. But as someone else said, both lawsuits are petty (and childish. )

well we are talking about UT/A&M and there are lawyers involved so there ya go

[Bulldog_12]

QUOTE]Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[/QUOTE]

Freedom of speech and freedom of the press. It is not the exact logo of texas, it is a parody of it. Thus it is covered in the first amendmant. If that is the case, OU can sue them for making t-shirts that have the OU symbol on them (i.e. you cant spell douche-bag without OU). Its been going on for ten years now and we just now are hearing about it? Please, this is rediculous.

Oh, and with the 12th man. It is an exact replica of the phrase that was trademarked by A&M, which makes it illegal.

[Txbroadcaster]

Originally posted by Bulldog_12
QUOTE]Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Freedom of speech and freedom of the press. It is not the exact logo of texas, it is a parody of it. Thus it is covered in the first amendmant. If that is the case, OU can sue them for making t-shirts that have the OU symbol on them (i.e. you cant spell douche-bag without OU). Its been going on for ten years now and we just now are hearing about it? Please, this is rediculous.

Oh, and with the 12th man. It is an exact replica of the phrase that was trademarked by A&M, which makes it illegal. [/QUOTE]


I agree IF it is not part of the trademark rules...I know SOME schools that use their rival school's logo in anyway on stuff, they actually PAY their rival for the right to use, and also give it the trademark symbol.