WYHO? Oakland A's Oppose University of Alabama's Circled "A" Logo
Would you have brought this opposition, Hot Stove Leaguers? The Oakland A's are involved in a long-suspended opposition, commenced in April 2005, to the University of Alabama's application to register the logo shown immediately below, for a host of souvenier items, including stuffed animals, yo-yo's, golf balls, metal key chains; flash lights, jewelry, playing cards, bar stools, drinking glasses, and clothing. Athletics Investment Group LLC d/b/a The Oakland Athletics Baseball Company v. The Board of Trustees of the University of Alabama, Opposition No. 91165229.
Oakland claims that Alabama's logo is likely to cause confusion, or to create a false association, with its registered "Stylized A With Concentric Circle Design Marks" (shown below), for a variety of goods and services, including clothing, jewelry, printed matter, and novelty items.
Do you think the Oakland A's have any chance of winning this opposition? Do you think Alabama could win on summary judgment?
Text Copyright John L. Welch 2009.
posted by John L. Welch @ 12/31/2009
5 comments
5 Comments:
Isn't it possible that the opposition was brought in order to spur settlement? They have been pushing the trial date off for a couple of years now...
I think you hit the nail with your head.
The first thing we thought of when we saw this stylized "A" was not the Oakland Athletics' logo, but the Atlanta Braves' stylized "A," which appears on their baseball caps
See http://shop.mlb.com/category/index.jsp?categoryId=1452600
But what do we know?
I guess it could be a settlement strategy. But strategy to settle what? An opposition? Alabama has used that logo and the A for a number of years and are the Oakland A's going to sue them for trademark infringement? Talk about failing the red face test. It's not like the A's can hope that the other side goes out of business....and stops use.
I'd like to think that there is something more to this than meets the eye. Because this is one where even if they win at the TTAB there is no chance a court will enjoin the university frmo making use of its logo. So, what's the end game?
Ok seriously they both have the same mascot too!!! An elephant!?
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