School Colors Legally Protectible Trademarks, Fifth Circuit Concludes

Holding:

In this trademark dispute that has wide implications on sport franchises and colleges, the U.S. Court of Appeals for the Fifth Circuit has concluded that universities’ school-color schemes are legally protectible marks. These consolidated appeals involved a trademark dispute between four universities and an apparel company and its principal. The Universities alleged in the district court that the apparel company violated the Lanham Act and infringed their trademarks by selling t-shirts with the schools’ color schemes. The district court issued summary judgment to the Universities. On appeal, the Fifth Circuit affirmed. It reasoned that the color schemes have attained secondary meaning. It based its ruling on the longstanding use of the color scheme marks and their prominent display on merchandise, in addition to the well-known nature of the colors as shorthand for the schools themselves. The Fifth Circuit further wrote that many consumers would likely be confused and believe that the apparel company’s t-shirts were sponsored or endorsed by the Universities.

Detailed Summary:

Plaintiffs are Louisiana State University (“LSU”), the University of Oklahoma (“OU”), Ohio State University (“OSU”), the University of Southern California (“USC”), and Collegiate Licensing Company (CLC), which is the official licensing agent for the schools. Opinion, p. 2.

Defendants are Smack Apparel Company and its principal, Wayne Curtiss (collectively “Smack”).

Each university has adopted a particular two-color scheme as its school colors (purple and gold for LSU, crimson and creme for OU, scarlet and gray for OSU, and cardinal and gold for USC). The Universities have used their respective color combinations for over one hundred years, and the color schemes are…

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