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SLU_Lax

Billiken Logo Through The Years

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50 minutes ago, SLU_Lax said:

Stumbled into this and thought I would share...not the greatest....but I gave it a glance.

https://www.ksdk.com/gallery/sports/college/slu/slu-basketball/the-billiken-logo-through-the-years/63-2358e160-05de-4d5a-ba92-e0b837fdb0b9

image.png.c2f7fec01bbca7a50b1f247f0fbc4401.png

Does anyone here know if SLU still holds the copyright/trademark whatever it's called on these old logos?

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1 hour ago, billikenfan05 said:

Does anyone here know if SLU still holds the copyright/trademark whatever it's called on these old logos?

My uncle had a great idea to make a t-shirt with all of the versions of the Billiken on it.  I tried to make it myself, but shirt printers wouldn't print it out of fear of trademark violation.

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1 hour ago, SluSignGuy said:

My uncle had a great idea to make a t-shirt with all of the versions of the Billiken on it.  I tried to make it myself, but shirt printers wouldn't print it out of fear of trademark violation.

I have my ways around that 😂

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Somebody here must work for the University and should be able to answer the question of Trademark?  😎

 

Though I suspect that at least the older ones are no longer if ever protected.

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3 hours ago, SluSignGuy said:

My uncle had a great idea to make a t-shirt with all of the versions of the Billiken on it.  I tried to make it myself, but shirt printers wouldn't print it out of fear of trademark violation.

Can confirm that there is at least one local screen printing company that will make the shirts.

Can also confirm that you will end up with a cease and desist.

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3 hours ago, QUAILMAN said:

Can confirm that there is at least one local screen printing company that will make the shirts.

Can also confirm that you will end up with a cease and desist.

I’m not so sure about that. Maybe it comes from Learfield. I’m not sure SLU adept actually pays enough attention to notice. Only reason you got a letter was the concern over that eligibility 

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I'm told Marketing and Communication still owns the logos. Just an FYI

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38 minutes ago, billikenfan05 said:

I'm told Marketing and Communication still owns the logos. Just an FYI

Interesting … I’m wondering how legitimate these claimed rights are.

U.S. trademark rights are subject to the “use 'em or loose 'em rule.” In other words, you need to be using the mark/ logo in commerce (i.e., for sale) in order to claim any active trademark rights. Case in point, the TM registration for one of the Bills’ old logos was cancelled (See U.S. TM Reg. No. 1,729,458) in 2016 based on the failure to file the required statement of use to maintain the registration.

If SLU challenged your screen-printing of an old logo that they no longer use, I’m feeling that you could argue that SLU has lost any rights in the old logos based on abandonment of these rights (i.e., they re-branded and no longer sell apparel with that logo). That said, if they can show that they currently sell apparel with the older logos (i.e., retro gear), they could probably show that they own active rights to the marks (albeit not registered) and challenge the screen printer’s printing of the shirts. That said, they’d have a tough time coming after you individually, provided you are only using the shirts for yourself and not selling them to others.

I’m not sure on the strength of any copyright claim they could make. I did a quick check of the U.S. Copyright Office database and did not find any registrations for the logo.

*Disclaimer: not legal advice. Consult with an attorney if you are facing a legal issue.

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22 hours ago, SluSignGuy said:

My uncle had a great idea to make a t-shirt with all of the versions of the Billiken on it.  I tried to make it myself, but shirt printers wouldn't print it out of fear of trademark violation.

I did this in college...made a couple of runs of them before we caught any heat from the school.

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1 hour ago, razorburn said:

Interesting … I’m wondering how legitimate these claimed rights are.

U.S. trademark rights are subject to the “use 'em or loose 'em rule.” In other words, you need to be using the mark/ logo in commerce (i.e., for sale) in order to claim any active trademark rights. Case in point, the TM registration for one of the Bills’ old logos was cancelled (See U.S. TM Reg. No. 1,729,458) in 2016 based on the failure to file the required statement of use to maintain the registration. 

If SLU challenged your screen-printing of an old logo that they no longer use, I’m feeling that you could argue that SLU has lost any rights in the old logos based on abandonment of these rights (i.e., they re-branded and no longer sell apparel with that logo). That said, if they can show that they currently sell apparel with the older logos (i.e., retro gear), they could probably show that they own active rights to the marks (albeit not registered) and challenge the screen printer’s printing of the shirts. That said, they’d have a tough time coming after you individually, provided you are only using the shirts for yourself and not selling them to others.

I’m not sure on the strength of any copyright claim they could make. I did a quick check of the U.S. Copyright Office database and did not find any registrations for the logo.

*Disclaimer: not legal advice. Consult with an attorney if you are facing a legal issue.

The only thing I've ever seen sold with the old logos, I have a banner that shows every logo except the Rice Crispy billiken.

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7 hours ago, razorburn said:

That said, they’d have a tough time coming after you individually, provided you are only using the shirts for yourself and not selling them to others.

All good points in your post. Regarding this statement here, I made this argument when I got the cease and desist for the Jordair shirts, but their valid counter was that even if I’m not profiting, others are (plaint t-shirt manufactures as well as the screen printer). 

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