Apparel Company Busted for Co-Opting University Hues

Trademark law is clear on the protection granted to a university's name, nickname and logo. Its color scheme, however, is (as it were) a gray area. The decision in a recent case, Louisiana State University v. Smack Apparel Co. [2008 U.S. App. LEXIS 24983], promises to change all that. At issue were T-shirts sold to fans over the Internet or to retailers by the Tampa, Fla.-based company that bear what Smack calls "a twisted take" on sporting events and rivalries. The shirts' messages (to give one example, fans of LSU can buy shirts reading "Bama Bleauxs!") depart from the standard offerings of other vendors, but the shirts utilize schools' color schemes and frequently appear alongside apparel that has been officially licensed by the universities.

In 2005, stung by six of Smack's T-shirt designs concerning the appearance of the LSU and University of Oklahoma football teams in the 2004 Sugar Bowl, as well as the number of national championships previously won by Ohio State University and the University of Southern California, those four institutions together sued Smack, alleging that the shirts, by using the schools' colors, infringed their trademark rights. They did so even though, unlike their respective names and commonly used initials, their color schemes are not registered trademarks.

Log in to view the full article
Page 1 of 469
Next Page
Buyer's Guide
Information on more than 3,000 companies, sorted by category. Listings are updated daily.
Learn More
Buyer's Guide
AB Show 2025 in San Diego
AB Show is a solution-focused event for athletics, fitness, recreation and military professionals.
Nov. 5-8, 2025
Learn More
AB Show 2025