Trademark Protection for Color Schemes

In Univ. of Ga. Athletic Ass'n v. Laite, 756 F.2d 1535 (11th Cir. 1985). This case is a debate questioning whether trademarks are legit, and approved by universities throughout the country. With individualizing their own, it has been determined that this is possible to do; however, it is important to follow the laws, criteria, and stipulations involved. Above information has been found under the link As I look at other reports upon Smack, it is clear they are in the wrong, following unprofessional, illegal activity. The following link went into detail of reasoning’s why detail should be registered. They are: registration creates a presumption that the color scheme is a valid trademark, nationwide scope of protections, and potential to recover attorney fees and obtain damages for infringement. US. Reg. No 3485025, US. Reg. No 3164353, and US. Reg. No 3398563.
Reading further into this case, I found it rather interesting as this is a crucial debate among not only Kentucky, but rather the majority of US colleges. The debate in this case is focused on the color schemes of each of the universities. The schools indicate that licensing has taken place in an effort to sell t-shirts, mugs, hats, etc; however, the crucial matter is that the colleges had not licensed trademarks in these areas, thus, making it illegal. This can be looked up under the Lanham Act. The parties filed cross motion for the judgment on the issues of liability for trademark infringement. Thus, the district court filed judgment stating the universities had acquired secondary trademarks. It had been determined the district court did not abuse its discretion. Therefore affirm denial of the attorney fees. Judgment Affirmed. The case no is 07-30580, c/w No. 07-30887