This article is dispositive proof that the University of Wisconsin attorneys — as with some Congressional investigators — do not have enough to do. University lawyers have demanded that Waukee High School, just outside Des Moines, Iowa, to stop using the “motion W” on the side of the school’s football helmets. The university claims a trademark for the “motion W” and, thus, the high school must cease and desist from infringing on the university’s intellectual property.
Beyond the utter absurdity that anyone would confuse a Des Moines high school football team with the Wisconsin Badgers, the Sports Law Professor is not impressed with the legal basis of the university’s demand.
By the way, I hope Arkansas kicks Wisconsin’s ass in the Cap One Bowl on New Year’s Day.
Houston's Clear Thinkers
Longtime Houston attorney Tom Kirkendall's observations on developments in law, business, medicine, culture, sports, and other matters of general interest to the Houston business, professional, and academic communities.
There’s got to be a precedent for this one way or the other, I’d imagine. A whole lot of high schools across the country use trademarks from both college and the pros (my high school was the Falcons, with Atlanta’s symbol). Is this really the first instance of a college trying to sue? That would surprise me as much as anything. I assumed that this had already been tried and failed.
Grow Up
It is time for us all to realize that logo’s are money and business. Our colleges are businesses. I hated the Motion W, and still prefer the old W. I don’t think we should get bent out of shape over asking our high schools to be original. Today our kids learn to copy and imitate others instead of being original.
I say it is time for the schools to take the time to educate and teach. If they copy others homework they get punished, so lead by example. Be creative like the UW was when it created a new W. I live in Waynesboro now and grew up in Madison. I am a die hard Badger fan and so are my three young kids. My sister-in-law got one of the letters from the UW and I read it. It is very courteous and not out of line at all. It did lead to a 10 minute discussion with my oldest son (7 years old) about why they had to change their helmets at the high school.
Time for us all to stop pointing fingers, blaming others, or bashing the original guy for wanting to stay original and different. How will these kids ever be success, creative, and free thinkers if we continue to show them the quick, easy, illegal way out of things.
GO BUCKY.
A Badger living in Waynesboro!