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Postby PonyKai » Tue Jun 26, 2007 8:55 pm

Stallion wrote:I wonder if that might refer to St. Mary's University" of Minnesota which goes by SMU and is in that area of the country? But I guess XTC says that he actually visited us.


Jus throwing out a copyright question if anyone has the slightest idea...but if we've registered SMU as our trademark...would that prevent a school like St. Mary's from officially using the abbreviation? Would they have to pay a fee to use it since it's registered?
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Postby Stallion » Wed Jun 27, 2007 2:05 am

Copyright deals with creative works. I think you meant trademark which deals with tradenames and/or symbols. I don't believe you can trademark initials. There are many types of common or descriptive words or usage that can not be legally trademarked.
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Postby EmeraldCityPony » Wed Jun 27, 2007 4:23 am

Oregon State and Oklahoma State both use OSU, and I'm sure there are countless other examples.
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SMU?

Postby Grider » Wed Jun 27, 2007 8:24 am

Stallion wrote:I wonder if that might refer to St. Mary's University" of Minnesota which goes by SMU and is in that area of the country? But I guess XTC says that he actually visited us.


FWIW, I did see one site that had "Southern Methodist U" instead of SMU.

http://www.insideprepsports.net/08rankings.html

Here's a pic too.

Image
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Postby PonyKai » Wed Jun 27, 2007 10:24 am

Just look at the athletic website. "SMU" is registered.
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Postby Stallion » Wed Jun 27, 2007 10:51 am

No. what can be trademarked is the unique stylized tradename or symbol-ie the running Mustang in Red outlined in white which has a trademark designation on the SMU Home Page or the the way the letters uniquely appear to the eye. See the way SMU in red outlined in white is spelled with M curving higher than the S and U on the SMU Home Page. For example some business may come up with a unique cursive display of a name. SMU might attempt to trademark SMU with a Diamond M-but the letters initials themselves aren't trademarked. These constitute symbols or tradenames which uniquely identify a business or company.
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Postby PonyKai » Wed Jun 27, 2007 10:56 am

Alright then SMU has registered the display of SMU in collegiate arched lettering like that. That makes sense.
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Postby PhirePhilBennett » Wed Jun 27, 2007 2:29 pm

You can 'register' your trademark "SMU" and any products that 'refer' to "SMU" in the collegiant sense...

That's how they got parkit-markit to quit selling such T-shirt favorites as:

PONIES
POLOS
PROBATION
NO WHERE BUT SMU


And who could forget:

That's alright
That's OK,
You'll be working for me Someday.
SMU


And the ever amusing:

1987 SMU Football
Undefeated
[upside down pony, dead]
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Postby The XtC » Wed Jun 27, 2007 4:22 pm

[quote="Stallion"]I wonder if that might refer to St. Mary's University" of Minnesota which goes by SMU and is in that area of the country? But I guess XTC says that he actually visited us.[/quote]

Clarke did visit the campus earlier this summer, and as far as I know the verbal commitment is to us, not to another school with similar initials. I will readily concede, though, that I dont know everything, and our coaches cant say anything about a prospect until he has signed. SMU could be Southern Michigan U. or something similar.

One other thing to consider is that our strongest connection to Michigan was Mike Garland, and he's at MSU now. With signing date still more than 4 months away, a verbal commitment doesnt mean he's in the bag. I'm sure we all remember William Eddie III last year.

So, I'm not saying anything with certainty, just passing on the information that I have.
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Postby MustangIcon » Wed Jun 27, 2007 4:48 pm

The XtC wrote:One other thing to consider is that our strongest connection to Michigan was Mike Garland, and he's at MSU now.


Excellent point here XTC.

I'd also like to point out the possibility that Garland might steer some players our way. Being that Michigan State gets their pick of the litter in Michigan (and accross the country for that matter) it wouldn't shock me if Garland recomends recruits to our coaching staff or SMU to recruits. If I am Mich St. I would prefer those borderline players heading down to SMU in Dallas, TX as opposed to catching on somewhere in conference.

While I am not saying they would steer guys they actually want our way, there are plenty of players that wouldn't cut it as MSU that could be great for our program.
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Postby Stallion » Wed Jun 27, 2007 6:09 pm

No the US Patent and Trademark Office would never accept a trademark for intials any more than Texas or Tennessee could get a trademark for Texas, Tennessee or UT. There are numerous SMUs across the country. What they can't use is an SMU unique trademark or symbol on the T-Shirt. Just as in the recent "sawed-off" Horn case with the Aggies-the issue was not over the use of UT or Texas it over the use of UTs trademark in the unique orange Horn. BTW that case was settled the other day when they agreed to add nostrils, a white patch on the Horn and other small changes. Now the use of the term SMU might interfere with a contractual license between the university and the maker of the T-shirt in which a University retains a contractual right to reject a design.
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Postby smupony94 » Wed Jun 27, 2007 6:30 pm

Stallion wrote:No the US Patent and Trademark Office would never accept a trademark for intials any more than Texas or Tennessee could get a trademark for Texas, Tennessee or UT. There are numerous SMUs across the country. What they can't use is an SMU unique trademark or symbol on the T-Shirt. Just as in the recent "sawed-off" Horn case with the Aggies-the issue was not over the use of UT or Texas it over the use of UTs trademark in the unique orange Horn. BTW that case was settled the other day when they agreed to add nostrils, a white patch on the Horn and other small changes. Now the use of the term SMU might interfere with a contractual license between the university and the maker of the T-shirt in which a University retains a contractual right to reject a design.


As long as they don't go after my alma mater Singapore Management University I will be happy
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Postby PonyKai » Wed Jun 27, 2007 6:34 pm

Alright then, simple question because I just don't know. The SMU lettering at the head of the athletics page has a registered mark right next to it. What does that mean in relation to it.
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Re: SMU?

Postby RE Tycoon » Wed Jun 27, 2007 9:49 pm

Grider wrote:
Stallion wrote:I wonder if that might refer to St. Mary's University" of Minnesota which goes by SMU and is in that area of the country? But I guess XTC says that he actually visited us.


FWIW, I did see one site that had "Southern Methodist U" instead of SMU.

http://www.insideprepsports.net/08rankings.html

Here's a pic too.

Image


Wouldn't Michigan be in Coach Doh's recruiting wheel house considering he coached at Notre Dame, and to a lesser extent UNC?
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Postby Stallion » Wed Jun 27, 2007 10:00 pm

that is a trademark in the unique stylized version of the letters "S-M-U" not a trademark of the letters "S-M-U". When SMU applied for a trademark they would have to describe how those letters would be used and in fact provide a sample of exactly how the trademarl would look. To trademark the running Red Mustang outlined in white they would have to present an image of a running red Mustand outlined in white-an that is what is protected.

BTW assumed names can be reserved in each state and registered in each county (ex. XYZ, Inc doing business as "Bubba's Fried Chicken" Once the state grants that corporation or entity that name or the assumed name is registered then that company has certain rights in that assumed name to conduct its business in that name in the respective jurisdiction. The state then will not allow any other company to reserve a deceptively similar name as "Bubba's Fried Chicken" to use that name to conduct its business but that is not under trademark law.
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