App copyright case

[appdaze]

Welp, looks like Goliath wins again. I gotta be honest. I am getting a bit tired of universities crapping on all these high schools and their symbols. The public schools can't fight this stuff and it's hard enough for them to get symbols to use that aren't already copyrighted in some way and they don't have the money to truly fight any of these things. There should really be some better rules for k-12 schools to be able to use logos since so many of these are so generic and it's not like these schools are making millions for high schools. It's the system just cannibalizing itself. Allow the schools to use them for a small copyright fee or something. There have been a number of these stories in the last ten to fifteen years and it's just going to get to the point where high schools can't have any sort of symbol or mascot that they won't get sued for.

Next they will be suing schools for the colors they use if they haven't started that already. At this rate high schools will have no logos or mascots and their jerseys will have to be opaque so as not to imitate anyone's colors.



https://www.themountaineer.com/news/tus ... ign=buffer

[AppinVA]

Welp, looks like Goliath wins again. I gotta be honest. I am getting a bit tired of universities crapping on all these high schools and their symbols. The public schools can't fight this stuff and it's hard enough for them to get symbols to use that aren't already copyrighted in some way and they don't have the money to truly fight any of these things. There should really be some better rules for k-12 schools to be able to use logos since so many of these are so generic and it's not like these schools are making millions for high schools. It's the system just cannibalizing itself. Allow the schools to use them for a small copyright fee or something. There have been a number of these stories in the last ten to fifteen years and it's just going to get to the point where high schools can't have any sort of symbol or mascot that they won't get sued for.

Next they will be suing schools for the colors they use if they haven't started that already. At this rate high schools will have no logos or mascots and their jerseys will have to be opaque so as not to imitate anyone's colors.



https://www.themountaineer.com/news/tus ... ign=buffer

Not so fast…
https://m.youtube.com/watch?v=ANfVHstArQ0

[Stonewall]

Agree.

[bigdaddyg]

I was out in Cherokee two years ago and saw a young guy wearing what I thought was App gear. Asked him if he goes there. He told me it was his high school. I can't remember the name of the school but it was identical to our stuff.

[AppSt94]

Thems the rules.

[Ncmtn]

They literally copied the exact logo. Yea that’s not allowed and never should be. App State is legally required to defend their copyright or they could lose the copyright completely. Which would allow anyone to create merchandise with that logo and the university wouldn’t get a penny. That school messed up and they’re correcting it by having a new custom logo designed. There are many ways to depict a mountaineer that isn’t an exact replica of a copyrighted logo.

[Tru2ASU]

Other areas of the school can't use the football logos, they've created their own. Why would you allow others to use them?

[WVAPPeer]

Apex HS uses the block A with Cougars written across the middle line and their colors are black and gold, so I have to be right on top of the logo to see who it belongs to -

[AppSt94]

Apex HS uses the block A with Cougars written across the middle line and their colors are black and gold, so I have to be right on top of the logo to see who it belongs to -

It is my understanding that there has to be three distinct differences to avoid copyright issues. 1. It says “Cougars”, not “Mountianeers”. 2. The script Cougars is a different font as the Script Mountaineers is not a font rather Jerry Moore’s signature. 3. The block A may be a different font or color width which could constitute a difference.

[appdaze]

They literally copied the exact logo. Yea that’s not allowed and never should be. App State is legally required to defend their copyright or they could lose the copyright completely. Which would allow anyone to create merchandise with that logo and the university wouldn’t get a penny. That school messed up and they’re correcting it by having a new custom logo designed. There are many ways to depict a mountaineer that isn’t an exact replica of a copyrighted logo.

You are correct in their straight copy of it. I think my rant is more towards the frequency at which this is happening now. This App article is just another in a long string of these situations that are just going to leave high/middle schools with next to nothing. Something has to give somewhere.

[T-Dog]

I've been a little close to this one in particular. App is allowing Haywood County Schools to phase out the Mountaineer head logo over time. It's not a "drop it now or we'll take every penny you got" situation.

Tuscola was given the option to make alterations and submit them to App, but the lawyers said they were too similar.

In one sense, I don't think it's good from a PR standpoint. HS students from the school and the area might have a bitter taste and shun App for other schools.

On the other, from what I know of copyright, you need to challenge everything otherwise you can't challenge anything and it becomes public, for lack of more precise legal terms.

I also want to know why Mitchell has been allowed to use a Mountaineer head logo, although with different colors?

[Black Saturday]

Maybe APP could let them use the Gorton's Fiosherman Mountaineer circa 1999 and be ok?

Imitation is a form of flattery, does APP gain or lose anything by these schools using the same logo? Or is it we are the Bully and "you can't do that", From afar and ignorant of the legalities and being a "mid-major" I don't have a problem of seeing all the Mountaineer's advertisements out there, Block A or Mountaineer.

[AppSt94]

Maybe APP could let them use the Gorton's Fiosherman Mountaineer circa 1999 and be ok?

Imitation is a form of flattery, does APP gain or lose anything by these schools using the same logo? Or is it we are the Bully and "you can't do that", From afar and ignorant of the legalities and being a "mid-major" I don't have a problem of seeing all the Mountaineer's advertisements out there, Block A or Mountaineer.

App loses revenue and brand recognition. It’s not being a bully, it’s protecting a revenue stream. I get that it’s just a high school and that it would represent good will to allow a “feeder school” some grace, but you just can’t. If you allow one, then you have to allow all and that’s bad business.

[bigdaddyg]

I know that there is a high school who's mascot name is the Wolfpack. Is that ok to do as long as the color scheme and logo is different?

[AppSt94]

I know that there is a high school who's mascot name is the Wolfpack. Is that ok to do as long as the color scheme and logo is different?

There has to be a certain number of discernible differences between the two logos.

[/\PP ST/\TE GRAD 09]

Apex HS uses the block A with Cougars written across the middle line and their colors are black and gold, so I have to be right on top of the logo to see who it belongs to -

I think variations of letters and fonts can be tough to copyright and trade mark whereas a mascot looking logo is pretty straightforward.

I feel like I read somewhere the Packers allowed Gambling and UGA to use their G as long as slight alterations including color were made. There is probably at least one high school team in every state that uses a similar G as their logo. Graham High School in Bluefield area uses a G, but throws a sheriff's looking badge behind it. Glenvar in Roanoke/Salem area has both similar colors and almost an exact look G as the Packers. I know Central-Woodstock here in Virginia uses basically the same logo as the Bears C logo.

[BambooRdApp]

Our daughters high school mascot was the Huskies. High School is in Wake Forest, NC. It is my understanding that University of Washington made them change the logo look.

[appstate24]

Important to note that WLOS News 13 in Asheville originally started this story. Anyone familiar WLOS, knows what a joke that network is. They live to create drama and stir up trouble whethere it’s necessary or not. Factual or not they will do whatever they can to stir the pot. I’m not naive to the fact that most, if not all, news outlets do this now, but WLOS is particularly terrible.

GO APPS!!

[t4pizza]

Everybody in any degree of leadership knows that they can’t use copyrighted material and yet these schools continue to choose to do it. App is REQUIRED by law to defend its copyright, there is simple no other option. We can’t sit back and allow schools to use our copyright or we will lose it. People use others logos out of laziness, nothing else and there is no legal defense to it in their part. App did the only thing they could and they were absolutely right in doing so.

[MrCraig]

The local high school in my town are the Tigers and they used both the Mizzou tiger head AND the Clemson tiger paw (you can tell it's the Clemson paw because of the "fish hook" on the bottom right). Clemson and Missouri didn't take too kindly to that, which is their right. The school had to repaint the outside of the school and repaint and resurface the basketball court and football field. There were some administrative changes after that year...