WCS Ordered To Stop Using Logo

July 28, 2016 at 4:25 p.m.


For the past two to four years, Warsaw Community Schools has used a Tiger logo on its shirts, signs and other materials that it apparently had no legal right to use.

Recently, the school corporation received a cease-and-desist order from the Collegiate Licensing Company, Atlanta, Ga. The Tiger logo is a trademark developed and protected by the University of Missouri, and used on the main campus of UM in Columbia, Mo., according to WCS attorney Max Reed.[[In-content Ad]]Reed said the order didn't say how the licensing agency found out Warsaw had been using the logo, but it wouldn't be hard to discover since Warsaw Schools uses it on its Internet site.

"It's all over the school," said Reed. "It's on our vans, our school, our uniforms."

The order from The Collegiate Licensing Co., provided by Reed, states, in part, "The University owns all rights, title and interest in its Marks, including the federally registered Tiger Head design Mark.

"On behalf of the University, CLC's intent is to notify you of the concerns that the University has with your school's use of a mark that is nearly identical to the Tiger Head design Mark owned by the institution in connection with its athletic teams and its licensing program. While we understand that your school did not intend to create any issues by using the Mark in question, it is important for you to understand the concerns that we have regarding your use of the Mark," the order states.

It further states, "Your school's use of a mark that is nearly identical to the Tiger Head design mark may cause consumers to erroneously believe that the University has authorized Warsaw Community High School to use its Marks. Additionally, it will dilute the distinctiveness of the Mark that the public associates with the University. It will also interfere with the University's ability to effectively market and license the use of the marks in the marketplace."

The order concludes by stating, "CLC would appreciate it if you would provide me with written assurances by April 14, 2009, that your school will cease using the Tiger Head design Mark in connection with its academic and athletic programs."

Truman the Tiger, the university's official mascot, was born in 1986. He is named after Harry S. Truman, the 33rd president of the United States, who was from Independence, Mo.

Reed had Warsaw Community High School Principal Troy Akers provide him a list of where the Tiger logo was used. The list was more than a page long and was sent to CLC's attorney. On that list are items such as athletic stationary, staff shirts, uniforms, wrestling mat, signage and displays on entry doors and record boards, signs at the high school, decals placed on trash cans at various athletic fields and for the high school cafeteria remodel last year.

When Warsaw Schools began using the logo, Reed said no one must have known at the time that it was trademarked.

"As long as I can remember, we used some sort of emblem. It's not necessarily always been this particular one," Reed said.

He said the order only tells Warsaw Schools to stop using it. The University of Missouri has protected that mark with the U.S. Patent Office in Washington. It's no different than other companies, such as Coca-Cola, registering their trademark.

"It's just an unfortunate situation and we've got to deal with it," said Reed.

Akers and Assistant to the Superintendent Chris Gensinger were in a meeting today and could not be reached for comment.

Kay Kelly, executive operations administrator, said the logo has been used for two to four years, but she was not sure where the idea came from to use it. She said the school corporation just wanted a more modern logo.

Kelly said it was her understanding that Warsaw Schools did not have to take the logo off everything, the school corporation just had to stop using it. If WCS orders new jerseys or signs, they can't continue to use the logo.

She said Akers and Athletic Director Joe Santa are in discussions about how to come up with a new logo - including maybe a design contest. She said the UM Tiger logo will no longer be used by WCS.

Reed said, as of this morning, he was uncertain as to whether or not the Tiger mark had to be taken down or how long it could be kept up. He is awaiting word from CLC's attorney on the matter.

A call to CLC's attorney was not returned this morning in time for today's edition.

For the past two to four years, Warsaw Community Schools has used a Tiger logo on its shirts, signs and other materials that it apparently had no legal right to use.

Recently, the school corporation received a cease-and-desist order from the Collegiate Licensing Company, Atlanta, Ga. The Tiger logo is a trademark developed and protected by the University of Missouri, and used on the main campus of UM in Columbia, Mo., according to WCS attorney Max Reed.[[In-content Ad]]Reed said the order didn't say how the licensing agency found out Warsaw had been using the logo, but it wouldn't be hard to discover since Warsaw Schools uses it on its Internet site.

"It's all over the school," said Reed. "It's on our vans, our school, our uniforms."

The order from The Collegiate Licensing Co., provided by Reed, states, in part, "The University owns all rights, title and interest in its Marks, including the federally registered Tiger Head design Mark.

"On behalf of the University, CLC's intent is to notify you of the concerns that the University has with your school's use of a mark that is nearly identical to the Tiger Head design Mark owned by the institution in connection with its athletic teams and its licensing program. While we understand that your school did not intend to create any issues by using the Mark in question, it is important for you to understand the concerns that we have regarding your use of the Mark," the order states.

It further states, "Your school's use of a mark that is nearly identical to the Tiger Head design mark may cause consumers to erroneously believe that the University has authorized Warsaw Community High School to use its Marks. Additionally, it will dilute the distinctiveness of the Mark that the public associates with the University. It will also interfere with the University's ability to effectively market and license the use of the marks in the marketplace."

The order concludes by stating, "CLC would appreciate it if you would provide me with written assurances by April 14, 2009, that your school will cease using the Tiger Head design Mark in connection with its academic and athletic programs."

Truman the Tiger, the university's official mascot, was born in 1986. He is named after Harry S. Truman, the 33rd president of the United States, who was from Independence, Mo.

Reed had Warsaw Community High School Principal Troy Akers provide him a list of where the Tiger logo was used. The list was more than a page long and was sent to CLC's attorney. On that list are items such as athletic stationary, staff shirts, uniforms, wrestling mat, signage and displays on entry doors and record boards, signs at the high school, decals placed on trash cans at various athletic fields and for the high school cafeteria remodel last year.

When Warsaw Schools began using the logo, Reed said no one must have known at the time that it was trademarked.

"As long as I can remember, we used some sort of emblem. It's not necessarily always been this particular one," Reed said.

He said the order only tells Warsaw Schools to stop using it. The University of Missouri has protected that mark with the U.S. Patent Office in Washington. It's no different than other companies, such as Coca-Cola, registering their trademark.

"It's just an unfortunate situation and we've got to deal with it," said Reed.

Akers and Assistant to the Superintendent Chris Gensinger were in a meeting today and could not be reached for comment.

Kay Kelly, executive operations administrator, said the logo has been used for two to four years, but she was not sure where the idea came from to use it. She said the school corporation just wanted a more modern logo.

Kelly said it was her understanding that Warsaw Schools did not have to take the logo off everything, the school corporation just had to stop using it. If WCS orders new jerseys or signs, they can't continue to use the logo.

She said Akers and Athletic Director Joe Santa are in discussions about how to come up with a new logo - including maybe a design contest. She said the UM Tiger logo will no longer be used by WCS.

Reed said, as of this morning, he was uncertain as to whether or not the Tiger mark had to be taken down or how long it could be kept up. He is awaiting word from CLC's attorney on the matter.

A call to CLC's attorney was not returned this morning in time for today's edition.
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