12/3/97
ATTENTION EDITORS, NEWS DIRECTORS:
There has been considerable confusion statewide, regionally and nationally concerning the possible challenge by Ohio State University of Ohio University's "Ohio" trademark. The following op-ed is intended to assist you in understanding this issue.
Editors: We have attempted to be sensitive to circulation areas in the distribution of this op-ed. We invite you to use this op-ed. If you have any questions about its distribution or would like additional background information on the issue, please call me at Ohio University News Services.
Bryan McNulty
Executive Director
Ohio Unversity
NewsServices
****************************
December 3, 1997
OP-ED
by Adrie H. Nab, Ohio University Vice President for University
Relations
Ohio news media accounts have ranged from accurate to inaccurate and have produced more heat than light in their various descriptions of the Ohio-Ohio State dispute over Ohio University's "Ohio"trademark.
Some state newspapers, including the Dayton Daily News, have editorialized that we have tried to appropriate the name of the state. We have not. Trademark protections are very specific.
One must assume that if readers in Michigan, Illinois, Indiana, and so on are reading of this trademark flap, they must be scratching their heads about why Ohio State would threaten to contest the trademark name of its smaller but none-the-less NCAA Division I-A sister institution which has had "Ohio" emblazoned on its sports team uniforms since the 1800s.
Outside of the state of Ohio, CNN, ESPN, wire services, USAToday and most other national media refer in sports stories to Ohio University as "Ohio," just as they call Indiana University "Indiana," just as they call the University of Michigan "Michigan." The University of Michigan has a trademark for "Michigan." Indiana University holds a trademark for "Indiana." Why shouldn't Ohio University hold a trademark for "Ohio?"
Because context is important, news media rightfully use "Ohio University" or "Indiana University" if the use in the story could possibly confuse readers about whether the reference is to a state or university. This is not a problem elsewhere. One has not heard of similar disputes between Michigan State and Michigan, Illinois State and Illinois, Iowa State and Iowa, Indiana State and Indiana, Oregon State and Oregon, Florida State and Florida, Arizona State and Arizona, and so on.
It appears that newspapers' unfamiliarity with trademarks seems to be the chief culprit for the public's confusion over just what Ohio University's trademark of "Ohio" covers.
As a point of accuracy, the trademark of "Ohio" that was registered May 9, 1995 with the U.S. Patent and Trademark Office is limited strictly to use on athletic team uniforms, apparel and entertainment services -- it does not apply to the state or geographical area. Because context is critical, the trademark does not apply to all other uses of "Ohio." There are a thousand and one uses of "Ohio," from references to the state, to maps, to tourism slogans, that obviously are not subject to our trademark protection. We have repeated in every news media interview that context is important. We have stated repeatedly that we have no objection to a variety of historic uses of "Ohio" in the OSU Marching Band's "ScriptOhio;" its use on the band's bass drum; its use in the alma mater "Carmen Ohio;" or its use in Ohio Stadium.
The issue is not trivial. Anyone who knows how marketing works knows what is at stake in terms of merchandising, exposure and recognition. In terms of revenue alone, nationwide sales of college and university paraphernalia totals $2.5 billion, according to a report in The Cincinnati Enquirer. The Columbus Dispatch reported that Ohio State's trademark licensing revenue this year is about $2 million; Ohio University's trademark royalty revenue is just over $100,000, with more than half of the income generated from our key trademark, "Ohio," on licensed apparel sales. While revenue is much less a factor in our case, the differentiation in the public mind between our two universities is a major concern.
I would estimate that for every national news media mistake in attributing scholarship, research developments, expertise or identity to us that should have gone to Ohio State University, four or five mistakes are made to Ohio University's disadvantage.
One of the classic examples: During President Clinton's 1992 inauguration parade, NBC "Nightly News" ended its show with a clip of the Ohio University marching band -- and told viewers they were watching "the band from Ohio State University." (NBC corrected the delayed broadcast in western time zones, at Ohio University's request.)
I believe that news media are actually better, as a class, in understanding that there is both an Ohio University and an Ohio State University because we have such a strong College of Communication, and a journalism school that is ranked in anyone's national top 10 list. (In 1996, U.S. News &World Report ranked the graduate program of the E.W. Scripps School of Journalism in the top 10 in the country. In 1984, the Associated Press Managing Editors Association named it one of 10 outstanding schools of journalism in the country. Six sequences are accredited and the professional master's degree program is accredited, making Ohio University and the University of Missouri the only two programs in the country with this record.)
Inside the state, Ohioans have no problem distinguishing between Ohio University and Ohio State. In the last five years, we have had the most consistent growth in enrollment among Ohio's 13 state-assisted universities. This year, with 11,974 applications for 3,300 freshman positions, Ohio University is second only to Ohio State in total applications.
But outside the state of Ohio, for whatever reasons -- be they Ohio State's football reputation or sheer number of graduates -- when one says "Ohio University," people often mentally insert "State" between "Ohio" and "University." They hear Ohio University; they think they hear "Ohio State University."
We are honored that the name of our university is the name of our state. We were founded as "The Ohio University" in 1804, just one year after the founding of the state of Ohio. We are the state's oldest university. Ohio State was founded in 1870 as Ohio Agricultural and Mechanical College, and changed its name to Ohio State University in 1878. Both institutions have proud histories and enjoy national and international prominence. We simply want to keep our name and identities distinct.
Please note that Ohio State holds many trademarks related to its identity, including: "Ohio State," "The Ohio State University," "Brutus Buckeye," "OSU," "O' State" -- and the letter "O."
Does that mean that "Sesame Street" on public television will no longer be brought to you by the letter "O"? I don't think so. Remember: Context is important.
Would the University of Michigan agree if Michigan State put "Michigan," on its athletic uniforms?
Because Ohio University was not concerned about legally protecting its name as early as Ohio State protected its name, should it not be allowed to do so now?
A little background on university and college trademarks: In the early 1980s, the University of Notre Dame and a few other universities led the way in registering their trademarks as a way to both generate income and restrict uses of their good name and logos to appropriate licensed merchandise. Many universities quickly followed suit, including the University of Michigan (key trademark:"Michigan") and Ohio State (key trademark: "Ohio State.")
Today, Notre Dame, Michigan and Ohio State are the top three universities in licensing revenues from their logos. An attorney for Ohio State was quoted in the Akron Beacon Journal as saying she considered Ohio's registering its trademark as a "joke" because" frankly, we never believed it was ours to own."
One wonders at such lack of curiosity; it has been rather difficult to miss all of those "Michigan" sweatshirts and banners at the big football game each November. And it is hard to believe that Ohio State, as competitive as it is with Michigan, was unaware of the"Michigan" trademark revenue, which remains just ahead of Ohio State's.
A Beacon Journal reporter implied that it was a stealthy move on our part to apply for a trademark for our name. The reporter said that in 1993, Ohio University "crept to the U.S. Patent and trademark Office on little cat's feet and registered the name Ohio.'" In fact, we were late off the mark registering our key mark. Since the 1980s, Ohio State has registered its key mark "Ohio State" and dozens of others -- including the letter "O." That it didn't attempt to register "Ohio" is telling: It would have been like Michigan State attempting to also register "Michigan." It would have been ludicrous.
Adrie Nab
Vice Presidentfor University
Relations
Ohio University
Athens, Ohio