Posted on 01/24/2007 9:38:32 AM PST by Paleo Conservative
COLLEGE STATION -- The University of Texas is countering a jab from an Aggie business owner by taking him to court over his "saw em off" variation of the familiar Longhorn logo.
The UT System Board of Regents claims in its lawsuit that Fadi Kalaouze's merchandise adorned with an inverted Longhorn logo with its horns detached is a trademark infringement.
The lawsuit argues that Kalaouze, a 1991 Texas A&M University graduate and the owner of two College Station stores, is illegally using a design that tarnishes and mutilates the trademarked Longhorn logo.
"This is not a dispute with Texas A&M. It is a dispute with a private company that is unfairly profiting from use of the UT logo and at the same time mutilating the logo," said Craig Westemeirer, director of the University of Texas Office of Trademark Licensing.
Kalaouze contends that his emblem is a parody and is protected by the First Amendment. He said in court filings that the lawsuit is a "legally baseless display of poor sportsmanship."
The lawsuit filed last month names Kalcorp, which is owned by Kalaouze and is the parent company for both of his stores. It seeks a permanent injunction to stop the company from selling the symbol, as well as attorneys fees, damages and the company's profits from selling the emblem.
UT's lawsuit says that the "saw em off" logo, which has been placed on merchandise such as T-shirts and bumper stickers, could confuse consumers because of its similarity to the Longhorn logo.
Kalaouze said nobody would mistake his emblem for the actual Longhorn logo, and he doesn't believe any Longhorn supporters have accidentally purchased one of his shirts or stickers. He has established a Web site -- www.sawemoff.com -- to raise money for his legal fight.
"We honestly don't believe anyone is confusing this logo with their logo. We have been sawing their horns off for many years," Kalaouze said. "We just want to make sure the tradition lives on."
Westemeirer said the UT logo is "one of the most recognized brands in America" and must be protected.
"We want to present the logo as a consistent image to the public -- that is not possible if others, such as the defendants, modify or mutilate the logo," he said.
Mike Huddleston, Texas A&M's vice president for business development, said Texas A&M would likely have taken similar action if it faced the same scenario as UT.
"I'm just surprised it took them so long," Huddleston said.
01/16/2007 Fadi files answer to UT’s lawsuit, contending that “SAW ‘EM OFF!” is an obvious parody of the UT trademark that could confuse no one seeking to buy products sponsored by and promoting UT, and that UT has waived any right to complain by waiting for almost 10 years.
Probably not.
Gig 'em, Ags. Kick this loser lawsuit out (and give the guy attorney's fees to boot).
Yeah, shirts with that type of logo have been sold around College Station since the mid 1990's. The Aggie Band has done something like this, forming the Longhorn logo during the playing of the Aggie War Hymn and then "sawing off" the Horns when the song gets to a certain point. You gotta love their timing. They wait until A&M finally beats Texas to bring this type of suit. Timing or coincidence? ;-)
Frankly without the upward arch of the horns which is the most prominent feature of the UT symbol, this symbol bears little or no resemblance to the UT symbol. Next case.
Oh, by the way, the defendant is hereby ordered to reimburse the plaintiff for reasonable legal fees. Hook, that!
No disrespect intended to UT, but c'mon guys, settle this on the field.
Geez, someone can't take a joke.
BTHO tu over and over again.
TAMU Class of '88; Law Hall (may it R.I.P) Ramp 9 Mule; fup!
Oh, really? Then why is Texas A&M nationally renowned as having the best traditional football game activities? The pre-game and game-time festivities are legendary. I knew about them when I lived in the Pacific NW. I have been told by someone who broadcasts college football games that you haven't really experienced college football until you have been to Kyle Field.
I have, on multiple occasions, seen both Aggie and Sooner fans, while playing completely different teams, giving the "Horns Down" sign for the cameras.
Face it, Texas is the school in the Big XII that everyone else loves to hate. Whether justified or not, UT has a reputation of being extremely arrogant. This petty lawsuit makes it seem justified.
We Aggies had the 12th man for about half a century before the Seattle Seahawks were even formed.
We Aggies had the 12th man for about half a century before the Seattle Seahawks were even formed.
One was my discovery of FR in 1999 and the grassroots events I attended due to it.
The other was attending a football game at Texas A&M.
Seems to me, this shirt falls clearly into parody and protected free speech.
An aggieland-area state rep oughtta retaliate by introducing legislation by making it a hate crime for a UT student to tell an aggie joke.
"Law Hall (may it R.I.P) Ramp 9 Mule; fup!"
Wow... the memories are flowing ....
Crocker
Davis Gary
Dunn Hall = T.O.M.D.O.S.S.
'84
(Almost) Nothing the Aggs ever do is unique on it's own, it always has to do with disparaging of something else. I have, on multiple occasions, seen both Aggie and Sooner fans, while playing completely different teams, giving the "Horns Down" sign for the cameras. What the heck is up with that? These people really need to get a life.
Ping
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.