Did you know this was the law? I didn't know this was the law.

Dear Sir:

The Collegiate Licensing Company (CLC) hereby protests your company’s unauthorized use of the trademarks of the University of Florida on t-shirts. The t-shirt at issue is advertised on your website, www.buckeyesvsgators.com. A photo of a page from your website is enclosed. Your company must immediately cease and desist using the trademarks, name, logos, colors, slogans, mascots and other indicia associated with the University.

CLC is the authorized licensing representative of the University of Florida and the universities, colleges, bowls and athletic conferences on the attached list. CLC represents this institution in connection with the licensing, protection and enforcement of its names, logos, slogans, mascots and other proprietary rights (hereinafter “Marks”). The institution owns all rights, title and interest in its respective Marks.

Accordingly, no one is authorized to manufacture, distribute, advertise, offer for sale and/or sell any products bearing the Marks without the express written permission of CLC and/or the University.
Notwithstanding this, it has come to our attention that you and/or your company are using the Marks of the University of Florida in violation of federal and state laws. Specifically, one of your designs includes the singular version of the University’s GATORS word Mark, which is federally registered. Your company’s unauthorized use of the Marks constitutes infringement and unfair competition in that your company’s customers will erroneously believe that the t-shirt has been licensed, sponsored or authorized by CLC and/or the University. In addition, your company’s use of the Mark without approval will dilute their distinctiveness by trading upon the goodwill and reputation that the public associates with the University and its Marks. It will also interfere with CLC’s merchandising and licensing of the Marks for the University.

On behalf of the University of Florida, CLC demands that you and each and every person or company affiliated with you immediately discontinue the sale, offering for sale and/or distribution of any unauthorized products containing their Marks. CLC further demands that you advise us in writing of your company’s compliance with the foregoing and furnish us a list describing each item manufactured and/or sold by your company which bears the Marks of any of the institutions and each item that your company presently has in inventory. Include the number and sales price of each item as well as profits earned. This information will be used to determine the amount of damages and legal costs due for your company’s unauthorized use of the Marks.

Unless CLC receives a comprehensive response to this letter in writing by January 19, 2007, including assurances that your company has ceased to infringe on the Marks, we will advise the University accordingly and suggest a course of legal action. This letter is without prejudice to any claim for damages or other relief in the event that litigation proves necessary.


[xxxxxx] [xxxxxx]
Associate General Counsel
cc: University of Florida
Bruce Siegal, Senior Vice President and General Counsel, CLC
Heath Price, Director of University Services, CLC
Tyler Stinnett, University Services Coordinator, CLC

My initial response

I read your letter, which suggests that one of the T-Shirts uses the word "Gators", unfortunately the word "Gators" does not appear on any of the shirts. Neither does the phrase "University of Florida"
Please explain?

And his....

Mr. McCarty-
Your e-mail was forwarded to me for review and response. As I stated in my
letter to you, your design utilizes the singular form of the GATORS word
mark. This mark is federally registered and protected by the University and
has long been associated with the school. The fact that you use the
singular form is of no real significance in this instance. Given your use
of this mark on this particular design (that also includes the school's
orange and blue color scheme, which under the recent decision in the Smack
case, is also protectable) and your clear intent to market these shirts to
fans of the University of Florida, we have asked for your cooperation in
ceasing the production and sale of this item. We also request an accounting
of sales and a statement of inventory.
If you have any further questions or would like to discuss, please feel
free to contact me.
Thank you,
[xxxxxxx] [xxxxxx]
Associate General Counsel
The Collegiate Licensing Company
290 Interstate North Circle, Suite #200
Atlanta, GA 30339

So then my LONGER response...
Copyright (C)2006-2007. All Rights Reserved.
Permission to use any material found on this web site must be made in writing.
Click HERE to request permission.