YSU Penguin Athletics > YSU Penguin Athletics
Penguin Game Day: Penguins vs. Bulldogs
Double ET:
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It's ludicrous they asked you to remove the logos. Well forced looks like a more accurate term to be honest. What could the point of that possibly be outside of an ego pump for them that they made you do what they wanted? How can the school allow this? You weren't profiting from it at their expense, you were showing pride in your school. I don't get it. What a disgusting slap in the face.
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Precisely, that was my argument with them. We were not selling the shirts for profit. They were provided to the scholars for free as their uniform to represent the university.
We now use the block Y for all our computer screen background. Many of our students still missed that cute little penguin.
The YO Show:
That is absolutely disgusting. They made you take the penguin logo off the students shirts? For real? How and why? There is no way they could win that argument legally. I know you probably weren't trying to make waves and complied, but if they tried to pass that on me I would take that to the court and the court of public opinion. I would have refused. And are you saying that's why the penguin logo was taken off the college of stem computer screensavers a couple years ago?
ytownchief22:
--- Quote from: Double ET on November 27, 2016, 03:03:08 PM ---
--- Quote from: ytownchief22 on November 27, 2016, 12:56:12 PM ---YSU has one of the worst marketing departments I've ever seen. Things wont change until something in that department does.
--- End quote ---
Not to belaboring the point, I had a team of STEM students entering into technical competitions against Akron, Case WRU, Cleveland State and Kent. Our students wore golf shirts proudly displayed the penguin logo, ysu and stem logos.
The following year, we had to remove the penguin logo at the direction of the marketing department since they owned the rights of the logo. Last time I checked, we are all belonging to the same university. Since the marketing is an entity of YSU and YSU actually owns the rights and not the marketing department. Furthermore, we had to remove all the Penguins logo from all the screens of our computers.
Somebody must be protecting these guys for them to have this kind of power within the university. IMO, our accomplishments in the college of STEM far exceeds the accomplishments of the athletes marketing department. We have figured out how to increase the enrollments of CSTEM every year and they can't even figure out how to sell a few more tickets.
Next time I see my colleagues in the marketing department of the Williamson College of Business, I should ask them to show them how it should be done.
--- End quote ---
Well they sure as hell don't promote it so the fact that they did that is unbelievable. What a joke that department is.
JP21:
Do you peoole know anything regarding copyright laws? You can't use the YSU logo without receiving permission from the university. You can't just use the logo anywhere you feel like and have it be ok because you are a student or whatever.
The YO Show:
JP21 you do realize the university owns the computers they decided to force the logo of the screensaver right? The logo on the shirts is a separate discussion. But the screensaver?
Regarding copyright and trademark law, "Trademark infringement claims generally are based on one of three legal theories. The first is a “likelihood of confusion” concept – the idea that the infringer, through the use of the senior holder’s marks, creates among consumers confusion over the origin of the goods or services in question.
A second trademark infringement legal theory is a “dilution” concept – the idea that if the senior mark holder fails over time to take action to protect its intellectual property, the marks might become so commonplace as to be considered generic and therefore no longer protectable. Dilution is also premised on the idea that if widespread infringement of famous marks occurs, then the brand value of the famous marks will be diminished in value. Applying the criteria used by courts to evaluate dilution, it appears more likely that a university might succeed against a high school with a dilution argument than with a likelihood-of-confusion claim, although once again, no college has ever attempted to litigate a trademark dilution case against a school.
The third common trademark infringement legal theory is a “tarnishment” concept – the idea that the use of marks by an alleged infringer on inappropriate products or the involvement of the alleged infringer in a scandal of some sort might damage the value of the marks to the senior holder. For instance, if a high school athletics program using the nickname, logo and mascot of a university were to be involved in an incident of hazing, sexual harassment or other misconduct resulting in extensive media coverage, the university might be damaged by association. Again, however, no college has ever attempted to litigate a trademark tarnishment case against a school.
I ultimately realize for copyright infringement of the penguin mascot image, the university or copyright holder should be contacted to request permission for its use. Maybe I'm looking at it wrong, but one would think it shouldn't be an issue for a college affiliated student group. Idk.
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