12/17/97
ATTENTION EDITORS, NEWS DIRECTORS: Large
JPEG files suitable for newspaper reproduction of the Ohio
"Attack Cat" logo and a photo of the 1908 Ohio baseball team
("Ohio" on their jerseys) are available for downloading at:
http://www.cats.ohiou.edu/~univnews/pix/OHIO_ATTACK_CAT.JPG
http://www.cats.ohiou.edu/~univnews/pix/OHIO1908BASEBALL.JPG
We at Ohio University are surprised, disappointed and have to question the good faith judgment of whoever at Ohio State University decided to seek to cancel Ohio University's federally registered trademark of its name "OHIO" more than two and one-half years after this trademark was granted.
Ohio University, as almost all major state universities in the country (including Ohio State University, which has registered over 100 state and federal trademarks) have registered their short-hand names like "Ohio" and "Ohio State" to protect their economic interests in authorized university licensed merchandise. If these short-hand names and logos are not federally registered it is much more difficult to operate a successful licensing program. Despite Ohio State University's inaccurate claims about the "OHIO" on the Ohio Statehouse museum T-shirts -- which do not represent a trademark violation as the State of Ohio does not sponsor athletic teams -- Ohio University's federal registration does not give us rights to every use of the word "Ohio".
Our trademark covers athletic team uniforms and apparel and entertainment events associated with Ohio University's athletic, cultural and other activities. This is exactly analogous to Ohio State University's registration of the word "Buckeyes" for the same purposes. Indeed, the words "Ohio" and "Buckeye" belong to everyone in Ohio, and Ohio State University does not seem to have a problem with their federal registration of "Buckeyes." Ohio University's registration of its name "OHIO" is not a problem with the people of Ohio, it seems only to be a problem for Ohio State University.
During the past few weeks, representatives of both universities tried to settle the objections raised by Ohio State University. Ohio University made it absolutely clear there was not an issue about Ohio Stadium, Script Ohio, Carmen Ohio, Buckeye Battle Cry, fan cheers, etc. We did request that the two athletic team uniforms using "Ohio", and the one of the four cheerleading uniforms using "OHIO," be phased-out; and that Ohio University had no objection to any new mens track team uniforms and licensed merchandise that commemorates Jesse Owens association with Ohio State University.
Ohio University also made it perfectly clear we have not and would not seek any legal enforcement of its federally registered trademark against Ohio State University for possible infringement. As to the use of the term "Ohio Stadium", Ohio University did prepare a Joint Consent to Use Agreement for the use of "OHIO," which specifically included the use of the term "Ohio Stadium." During the discussions, the Ohio State University officials never told us they were then seeking to federally register the term "Ohio Stadium;" if they had asked, Ohio University would have and will continue to provide the permission to do so.
Despite these representations and assurances, Ohio State University terminated the discussions, and now has filed a legal action to cancel Ohio University's federal registration of "OHIO." One has to question the mercenary wisdom of this decision. A review of Ohio State University's licensed merchandise catalogs indicate only two of over three hundred items of licensed merchandise for sale actually use the word "OHIO" on any item; and of the $2 million-plus Ohio State University receives yearly from its licensing program only pennies could come from the sale of the two items saying "OHIO." On the other hand, "OHIO" is Ohio University's principal mark used on its licensed merchandise and its new athletic logo, the Attack Cat; the sale of licensed items that brings Ohio University approximately $100,000 a year are primarily sale of items bearing the "OHIO" mark. One has to wonder if Ohio State University seriously considered the severe financial impact cancellation of Ohio University's trademark would cause if this effort is successful; and their position that Ohio University should voluntarily withdraw its trademarked name of "OHIO" was and remains clearly an unreasonable request.
Also during the past few weeks a few Ohio newspapers have editorialized on the academic triviality of this matter without really seeking to understand the issues involved. Perhaps this questionable action by Ohio State University now will highlight the fact this matter should be resolved between the two universities and not trivialized. A number of Ohio political leaders have also expressed their concern that this matter be resolved, and Ohio University remains more than willing to try to do so, so that we can both focus on the universities' primary mission, to serve the citizens of Ohio.
Ohio University views this action by Ohio State University as a very unfortunate step which it is not reflective of the usual excellent leadership it has shown in its role as Ohio's largest state university. We will continue to try to resolve the issues, but will also appropriately defend Ohio University's use of its trademarked name "OHIO," which has been our name since 1804.
