Trademark Law | Expert Legal Commentary
February 6, 2009
LSU v. Smack Apparel: Trademark Protection for Color Schemes
Board of Supervisors for Louisiana State University v. Smack Apparel Co., et al.
By
Jeffrey J. Zuber of Zuber & Taillieu LLP and D. Dennis La
In Bd. of Supervisors for La. State Univ. v. Smack Apparel Co., 550 F.3d 465 (5th Cir. 2008), the Fifth Circuit upheld the district court’s finding that a t-shirt maker who used school color schemes in combination with specific facts and indicia about the school infringed on the schools’ trademark rights in those color schemes, even if neither the school logo nor other marks appeared on the t-shirt. The case is a huge victory for universities and their respective trademarks. More importantly, however, the case marks the first time a court has analyzed the trademark rights of a color scheme separate and apart from an accompanying word mark or logo.
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About the Author
Jeffrey J. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/subjug