I’m sure this can go a number of ways but let me give a hypothetical scenario since i’m sure thats the best way to convey the question:
Let’s say I go to a college and our mascot is the ‘rocky mountain redgoats’… Now, I’m enrolled full time, and people obviously refer to me as a “Rocky Mountain Redgoat” meaning I am a member of the college… it’s pretty indistinguishible because it’s the only college in the country with the mascot. Although I’m considered a “redgoat”, who technically owns the rights to use that name?
Say someone opens up a porn shop and calls it the “Rocky Mountain Redgoat porn palace” (I’m sure we can do better, but for the sake of the argument…) This is a hideous place and they are racists and just completely full of hate.
Is there any legal protection for me and the students? Could I technically sue for libel or slander? Could a class action suit be brought on against the shop by the students for using our name in that fashion???
I’m pretty sure that the school owns the rights to the name and the rights to use it for commercial purposes. IANAL, but in this situation I’m sure the school would have no problem making a valid legal case.
Take the mascot term “Bulldog”. Not only is it far from unique, it’s not even unique within the Southeast althletic conference. So “Bulldog” is a generic word that anybody can use and attempt to trademark for any business. Look up in the business pages of Atlanta and you’ll find “Bulldog xxxx” for just about every category of business “xxxx” that you can think of.
If you try to incorporate the phrase “University of Georgia (at Athens)” into a business name, then you have a problem (with or without the bulldog).
You also have a problem if you try to use the name or likeness of the UGA bulldog mascot (Uga roman_numerals_something). (BTW: the university has had problems with it’s athletic association is recent years. So the bulldog is no longer a symbol of the school itself.)
But if you have a less-then-generic mascot, then things get interesting. E.g., you create the term “Wingless Hawks” as your mascot. Trademark that. Then anyone that starts to use “Wingless Hawks” is liable to be in trouble.
As to the OP’s example: Do “Rocky Mountain Redgoats” actually exist? Is there a long history of people being aware of the phrase in general independent of any business purpose (which would include colleges)? Did the college invent the phrase? Etc.
If it’s generic, then you can probably have a “Rocky Mountain Redgoat Bar”. If not, then you might be in trouble. Even if the bar name is okay, selling “Rocky Mountain Redgoat” athletic apparel is a whole 'nother issue.
About the Rocky Mountain Redgoats… no clue… I don’t think there is such an animal… at least not around here.
so let’s take a real animal who is rare and unique such as “Orlov Trotter” a rare horse breed. So, if you are the University of Georgia’s Orlov Trotters, it’s obviously pretty unique. The tables turn… that’s what I’m building it on.
What if the University of Georgia decides to impose a huge tuition increase on its students for renovation of buildings or to grow 1,000 trees, something that is specificially planned and LABLED by the head of the university (one man). To put a shiny coat on his idea, he calls it “The Orlov Trotter’s goal of excellency” since obviously students aren’t going to be the happiest about paying more. So, the man who proposed the idea with the “Orlov Trotter’s” name included is not at the top of the pinnacle… his ideas have to be approved by a higher power and his responsibilities simply entail formulating ideas… is this acceptable from a legal standpoint (To have the ability to use the ‘orlov trotter’ name on a proposal which hasn’t been approved)
Oh, for Pete’s sake. I understand your hesitation to name names, but people would have a lot easier time answering you if you’d be specific, and you’ve named the school before so . . .
No, it’s actually completely hypothetical or I would have just said the university’s name… But that’s very interesting, thank you.
Thank you for the link as well. Do you still work for that newspaper as you had mentioned previously? Feel free to send me a PM as I’m still interested in my hypothetical question on this thread and I didn’t want to hijack it.
God… I’m soooooo going to open myself to a lot of exposure here that I don’t want, but it’s critically important that the idea get across that I’m willing to risk it, even here on the vastly liberal SDMB. I am a member of the United Auto Workers (UAW), which has a vastly longer, former name that I don’t give one whit about. Its website is, of course, http://www.uaw.org. I, as a faithful member (that’s irony) of the UAW own and operate http://www.uawsucks.org. I’ve never been successfully sued. There’s a lot of laws about trademark law that I don’t know, but in the time I’ve owned the mark, I’ve been challenged and victorious. Aside from that, I’ve sent surveys using the UAW name and symbol – properly identified and disclaimed — and have always escaped without any liability despite the threats of a huge, corrupt organization with a lot of political power on its side. That doesn’t mean I won’t end up dead tomorrow; it only means that my rights to use the marks is well protected.*
So, in certain circumstances that I’ll leave to your own investigation, you’re entitled to the use of the famous mark.
*Oh, and if I don’t post again in a few days, would someone please investigate???