Legal Question in Intellectual Property in Texas
I am a seller online of handmade items. I received a letter from a website administator that they have taken one of my item's off because of Infringment with the CLC (colliagent licensing company)
Here is a discription of the item in question: one burp cloth with the words "future longhorn" on it. I know the word "longhorns" is word mark trademarked but the word "longhorn" is not.
I sell this item on it's own, and I also sell it with a onesie that has UT fabric on it.
The paralegal or assistant who is hounding me about this says that the word longhorn is trademarked and so is the color for that matter.
My question is, is this little paralegal right? Or is The CLC overreaching it's bounds AGAIN, and muscling me out?
There is no longhorn logo on it, no specific font used.
There are other people on the site making similiar to what I'm making, and there are people using the logo and selling their items. Why are they getting to sell and not me?
3 Answers from Attorneys
You are infringing the world famous trademark of perhaps the best known college football team in the world. The "little paralegal" is right. It is you that are overreaching not the CLC. There is a solution, of course. Get a license. It is not a defense to trademark infringement to say that someone else is infringing, just as it is not a defense to murder to say other people are getting away with murder. I am guessing that a non-exclusive license to make your product would be available for a reasonable royalty and that you would then be able to advertise that status. Do the right thing here or you are going to get hammered now that they are on to your illegal activities. Call if you want help or advice. I am a trademark litigation lawyer and, incidentally, a UT Law School grad.
As a Franchise Attorney I agree with the other attorney answer. Simply changing singular to plural, or vice verse, does not get around infringement. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Just to reiterate, you might review the history of the trademark application for "Longhorn Cafe", the opposition filed against them by Longhorn Steak House (Darden), and evaluate whether you want to go through that, too. You are going to get gored by the Longhorns if you don't either stop or get a license. There is no doubt a burnt orange bib with "Future Longhorn" on it infringes the trademark rights of the Board of Regents of the University of Texas system. Hear the words of the UT alma mater, which are very fitting to you in this situation, particularly the fifth line:
The eyes of Texas are upon you,
All the live long day.
The eyes of Texas are upon you,
You cannot get away.
Do not think you can escape them,
At night, or early in the morn'.
The eyes of Texas are upon you,
Till Gabriel blows his horn
HOOK EM HORNS!
Either do the right thing or prepare to get trampled.
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