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U of Texas: Vista school can't use Longhorn logo

U of Texas: Vista school can't use Longhorn logo

Article
September 5, 2014
Gary Warth

A model of a football helmet formerly used by Rancho Buena Vista High in Vista shows a logo that the University of Texas said was too similar to their Longhorns logo. The university asked the school to change its logo. Photo courtesy Rancho Buena Vista High School.

VISTA — In a move seen by some people as a bully picking on a little guy, the University of Texas asked a North County high school to change its logo because it looked too much like theirs. The new, slightly revised Longhorns logo was revealed by Vista’s Rancho Buena Vista High School last month, resolving the dispute without legal action.

The school may be the first public school in the county to face a trademark challenge, but it’s not alone nationwide. Similar cases have been cropping up for years as schools in several states run afoul of universities and corporations who say the Rams, Tigers or Panthers logos that adorn high school jerseys and stadiums look way too familiar.

Attorneys and a University of Texas spokesman said the issue is about protecting a trademark, which has to be done equitably, whether it means sending a letter to a small high school or filing a lawsuit against a restaurant that uses its image. “We’ve got such a strong brand with our trademark, we’re constantly addressing these types of issues — not just with high schools but with businesses across the board,” said Craig Westemeier, the university’s associate athletics director in charge of trademarks and licensing.

“While it’s not the fun part of the job, it is a part of having such a strong brand,” Westemeier said about protecting the logo. “As a trademark owner, your obligated to do everything you can to maintain your mark and monitor its use. You’ve got to be able to show you’re out there doing that.

Westmeier said the university has never sued a high school, but has filed three suits against businesses, including a restaurant and electrical company, in his time on the job. The University of Texas is far from alone in protecting its logo from use by other schools. In 2009, the University of Missouri asked Harrisburg High School in South Dakota to change its tiger logo because it looked too much like the university’s.

In 2010, the University of Pittsburgh told Whitmer High School in Ohio that the panther logo on its playing field infringed on the university’s trademark. Also in 2010, the University of Florida told Glades Day School and Southeast High School, both in Florida, to change their logo because of an infringement issue.

Donna Caperton, assistant superintendent of business services for the Vista Unified School District, remembers well receiving the cease-and-desist letter dated Feb. 28, 2013 from Pirkey Barber, a law firm representing the University of Texas.

“We were a little bit surprised,” she said. “Our intent was not to harm the University of Texas.”

New Jersey sports and entertainment trademark attorney Anthony Caruso said universities do not have to pursue every infringement, but they also cannot appear to be selectively enforcing their claim.

Caruso does question why universities still demand schools change their logos rather than licensing them for a nominal fee, an idea he promotes to students when teaching as an adjunct professor for sports and business law at New York University.

“There’s no reason in this day and age to take that kind of tack and strategy, unless there’s an overriding reason, like the high school doesn’t have the best reputation,” he said.

Westemeier said the University of Texas has discussed licensing, but hasn’t pursued it because of potential issues with the National Collegiate Athletic Association, which could see a conflict in financial agreements between high schools and colleges may recruit players from the schools.

Following the university’s demand, Rancho Buena Vista held a contest to create a new logo. An image of a charging bull was selected. Logos on helmets were replaced with overlapping “RBV” letters.

Most teams at the school have adopted the letters as their new logo, and only a few uniforms still have the Longhorns silhouette, said Rancho Buena Vista athletics director Martin Nellis.

Caperton said that because the university allowed the school considerable time to make the change, it didn’t cause any additional costs to the district.

Westemeier said his office offers suggestions about how a school can make their logo look less like the university’s, but the actual design should be left to the high school.

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