I do not have a clue how trademark (or whatever) law will be applied in this matter. Neither does anybody else who's opinions have been bantered about in the media.
I do think it is interesting that over on Eagletalk, the tune has changed. Back a year or so ago, there were voices of dissent, lots of folks thought the new USM logo looked too much like the Iowa bird. Now, nobody can see any resemblance except "fowl" and "color." Also being raised is the old "there are more important issues" argument, as if no other question should be raised until we establish World Peace and conquor Global Hunger.
But here are the parts of the article you might find interesting:
"In 2001, McNeese State University in Lake Charles, La., bowed to pressure from Wyoming and changed its bucking horse logo to make its front feet raised instead of its rear feet."
"... Ted Stevenson, a patent and trademark attorney in Dallas, ... explains that there are two types of trademark cases: infringement and dilution."
""In an infringement case you've got to prove that consumers are confused. ... Making a dilution case requires a logo to be famous. "Like Coca-Cola - all over the world almost," he said."
Who said that a foolish consistency is the hobgoblin of little minds? Most likely, it was an athletic director:
From the Sun Herald:
Monday, Giannini told the Daily Iowan in Iowa City, "The stance that Iowa has taken on this logo thing really concerns me. If it is saying it's so confusing, then let's just not play."
Tuesday, Giannini said, "No, no. Nobody is talking about not playing. . . . We intend to play Iowa this December."
the logo deal is kinda silly. Iowa might be a little ticked because we got their coach, but the logo deal is going too far. I'm not an eagle talk kind of guy, but I don't thing this would be an issue if we hadn't taken their basketball coach at such a nice price.
quote: Originally posted by: regal eagle "I'm not an eagle talk kind of guy, "
No kidding? It is silly. Distinguishing between different schools is really a matter of little import. It hardly makes any difference if someone confuses Ole Miss with Mississippi State, for example. Or Iowa and Iowa State. Heck, one college is just like another one down here in Mississippi. Seen one, you seen 'em all.
Whether or not you think this issue is "silly." Iowa does have a strong case against USM. Iowa would probably win the legal battle.
All of this rests on the shoulders of Giannini. He forced this new chicken head logo on USM. No one was calling for a new mascot logo. The USM attack eagle was unique. Southern Miss is already confused in the national sports media with Ole Miss and State. Now, USM can also be mistaken for an additional 10 schools.
Giannini accuses Iowa of making a big issue out of the logo and then he talks about pulling out of a tournament over it. This guy is a power mad bozo.
quote: Originally posted by: sally "Whether or not you think this issue is "silly." Iowa does have a strong case against USM. Iowa would probably win the legal battle. All of this rests on the shoulders of Giannini. He forced this new chicken head logo on USM. No one was calling for a new mascot logo. The USM attack eagle was unique. Southern Miss is already confused in the national sports media with Ole Miss and State. Now, USM can also be mistaken for an additional 10 schools. Giannini accuses Iowa of making a big issue out of the logo and then he talks about pulling out of a tournament over it. This guy is a power mad bozo. "
I just want to go on record as having voted for "Golden Armadillos" when the student poll was done back in the '70s. I kinda envisioned USM using one of those 200 lb South American armadillos that can burrow through 4" of concrete as a mascot. Think of the "revenge" we might've gotten on all those fancy "anywhere anytime" schools with artificial turf.
Another option as I recall in the voting was the Lumberjacks, which would've been very evocative of the Pine Belt. I don't think Bogalusa HS would've sued us...
Golden Eagles aren't particularly symbolic of South Mississippi...
Anybody who doesn't think the current "chicken head" logo looks quite a bit like the Iowa logo simply isn't thinking.
quote: Originally posted by: Invictus "Anybody who doesn't think the current "chicken head" logo looks quite a bit like the Iowa logo simply isn't thinking."
When I look at the new logo it sometimes resembles two faces. At other times it looks like a vase.
quote: Originally posted by: Saw it in a textbook "When I look at the new logo it sometimes resembles two faces. At other times it looks like a vase. "
Actually, it reminds me of the classic bunny head logo controversy where a long-time bar (called "Bunny's", I think?) had to remove its logo (that pre-dated Playboy) from its building's outer wall after Playboy obtained its trademark and forced the issue.
The big boys don't always win. In the '70s NBC spent hundreds of thousands of dollars developing a stylized "N" as a new logo. Turns out Nebraska Public Television already had a remarkably similar stylized "N" that they had been using for a couple of years. Their public relations guy had sketched it out over lunch or something at an expense of less than $10. The symbols were totally different colors, the Nebraska symbol being monochromatic; NBC's, red and blue. I think Nebraska Public Television got some state of the art equipment out of the deal.
Like Mr. Parrott at Iowa sez, they have to protect their symbol. My guess is that the legal theory is similar to the situation with words such as "aspirin" and "zipper" that started out as brand names but lost their protected status when they became household words. Xerox has been fighting that battle for years. Somebody dropped the ball on the walking fingers and now they show up everywhere: