Trademark Attorneys | Another University Enforcing Its Trademark Rights

We have seen it before – a university seeking to protect its alleged trademark rights in its mascot.  Whether it is the Florida State University protecting its beloved SEMINOLES logo or the University of Southern California Trojans protecting its SC logo, universities appear to be taking their trademark rights and trademark registrations seriously.  The latest involves the University of Cincinnati's attempt to enforce its BEARCAT mark.

Cincinnati.com summarizes the University of Cincinnati's efforts to force a bar near its campus, known as "Baba Budan's Bearcat Cafe," to cease use of the BEARCAT mark.  However, this does not appear to be an open and shut intellectual propoerty case.  Multiple legal issues are apparent, including:

1. Whether the University can establish prior common law rights over that of the bar
2. Whether there is a likelihood of consumer confusion (i.e. consumers believe the source of the bar is actually the University).  A trademark attorney could definitely make arguments regarding the similarity, or dissimilarity for that matter, of the marks themselves.
3. Whether the University waited too long (i.e. doctrine of laches) before filing the trademark lawsuit.  According to the article cited above, a UC spokesman has already admitted that "Basically, we just got around to it."  That said, it appears that trademark cease and desist letters from the University to the bar did not lead to the bar actually ceasing use of BEARCAT as part of its name.

It remains to be seen whether the University and the bar can settle this trademark lawsuit.  Regardless, this again demonstrates the importance of trademark registration, trademark enforcement, and trademark protection.  The University is pursuing this bar, and has pursued others, because its trademark is extremely valuable and enables a recurring revenue stream from licensing.  However, the bar should retain a trademark attorney who can advise it of its trademark defenses.