Court Says U Of Southern California Only One Who Can Use USC; Sorry U Of South Carolina

from the trademark-madness dept

Wed, Feb 3rd 2010 9:42am — Mike Masnick

DEF points us to a recent appeals court (federal circuit) ruling that held that the University of South Carolina cannot use the letters USC on its sports uniforms because the University of Southern California already claims those letters. Seriously. It's hard to see how this makes much sense at all. USC is an accurate acronym for both schools, and it makes no sense to limit it. In an amazingly obnoxious gloating victory note, the lawyer for the USC from California "suggested that the letters were more deservedly linked to the Trojans' warrior image than to 'a goofy little chicken,'" by which he meant the logo of the South Carolina teams. The lawyer for the USC from the east coast noted that "Southern manners" kept him from responding to that point.

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Filed Under: south carolina, southern california, trademark, usc

58 Comments

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Brendan (profile), 3 Feb 2010 @ 9:25am

That's absurd
What is the Ultimate Stag Challenge going to do next week?
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Dark Helmet (profile), 3 Feb 2010 @ 9:46am

Well, yeah...
"The lawyer for the USC from the east coast noted that "Southern manners" kept him from responding to that point."

Hey, you figure out how to use the word Gamecocks w/o everyone giggling....
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- senshikaze, 3 Feb 2010 @ 10:45am
  
  Re: Well, yeah...
  It was the name of the team that went afoul of his "southern manners". a citizen of the south, I can tell you straight that nobody here can take an insult sitting down. Unless his team happens to be the gamecocks. It's par for the course there. But then again, they get cheerleaders like this:
  http://bhanks.encblogs.com/wp-content/uploads/2009/09/090109-usc-gamecocks-cheerleaders.jpg
  
  I have seen at least one fan with "I love my Cocks" on their t-shirt. They may be frightenly proud of their cocks.
  
  (dammit. made it to the last sentence without laughing...)
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  - Dark Helmet (profile), 3 Feb 2010 @ 10:51am
    
    Re: Re: Well, yeah...
    I have no idea why, but I'm inherently attracted to that girl...
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  - Ugly Zebra, 8 Oct 2010 @ 12:30pm
    
    Re: Re: Well, yeah...
    Go to a game and get your facts straight before insulting.
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  - vincentB, 7 Jul 2013 @ 10:29am
    
    Re: Re: Well, yeah...
    Cock meant rooster, long before it was slang for penis. Now if you think it means penis, then you apparently have penis on your mind, and if it's on your mind, it's probably on your lips
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- Ugly Zebra, 8 Oct 2010 @ 12:29pm
  
  Re: Well, yeah...
  I kinda didnt giggle at all... Gamecocks isnt funny in any way shape or form.
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- Mike, 13 Jan 2019 @ 9:41pm
  
  Re: Well, yeah...
  The Gamecock name goes back to the hard fought battles in South Carolina during revolutionary war. Something that the left coast can't relate to.
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Vic, 3 Feb 2010 @ 9:48am

Oops...
I see Michigan State is coming with a similar lawsuit... No, seriously I was flipping the channels couple of days ago and was stunned to see that NAU plays MSU. Until I quickly realize that was Montana State...

And many more?
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- senshikaze (profile), 3 Feb 2010 @ 10:46am
  
  Re: Oops...
  what about MSU (mississippi State U)?
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Anonymous Coward, 3 Feb 2010 @ 9:50am

USC in my mind will always be...
"University of Spoiled Children"
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- Anonymous Coward, 3 Feb 2010 @ 9:59am
  
  Re: USC in my mind will always be...
  You are referring correctly to the one university now cleared to use the acronym on their sports gear. Spoiled, talentless children, and proud of it.
  
  Silly, though, because you would think that South Carolina had a better case.. I mean "Spoiled Children" isn't even a state!
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- Drtaxsacto (profile), 3 Feb 2010 @ 11:15am
  
  Re: USC in my mind will always be...
  Must be a Bruin
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- Anonymous Coward, 3 Feb 2010 @ 12:07pm
  
  Re: USC in my mind will always be...
  I always thought is was U$C
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imbrucy (profile), 3 Feb 2010 @ 9:54am

When SMS became Missouri State a few years ago, they were very careful to not use MSU anywhere because of fear of a lawsuit from Michigan State. It is absurd that anyone can own 3 letters even when they are both accurate descriptions.
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MBraedley (profile), 3 Feb 2010 @ 10:06am

All they (either one) need to do is change it to UofSC.
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- Dark Helmet (profile), 3 Feb 2010 @ 10:25am
  
  Re:
  If your first name happens to be Milton, then I, as someone from Chicago, will thank you not to comment on sports related matters hence forth.
  
  Just on general principles.
  
  That is all....
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- Sean T Henry, 3 Feb 2010 @ 12:34pm
  
  Re:
  No what University of South Carolina needs to do not to save money and shove it back in USC's face it change it from USC to USCa.
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ed, 3 Feb 2010 @ 10:17am

MSU vs. MSU
I can't really see Michigan State trying to stop Montana State, mainly because they played them in football this year in a MSU on MSU game. If there was some contention between the schools, I can't believe they would have agreed to the game.

I can't believe USC actually did this and actually won, really sad.
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- ted, 11 Sep 2010 @ 11:58am
  
  Re: MSU vs. MSU
  Don't forget about Mississippi State University!
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Spanky, 3 Feb 2010 @ 10:23am

Sigh
I just wish we could return to the days when sports was about sports.

I'd actually feel like buying the crap with the USC logo then.
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scarr (profile), 3 Feb 2010 @ 10:30am

I wonder what this means for all of the UCs out there.
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- senshikaze (profile), 3 Feb 2010 @ 10:48am
  
  Re:
  i was kinda wondering the same thing. lots of UA, UM, US. I mean tons of university of (insert damn near anything).
  
  Gonna be a fun few years it seems.
  
  at least all the lawyers will be well fed.
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- :Lobo Santo (profile), 3 Feb 2010 @ 11:16am
  
  Re: microchips!
  Do you mean µc?
  
  Also, that was a horrible pun.
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Chris (profile), 3 Feb 2010 @ 10:53am

While I like that
South Carolina lost (I am a Clemson alumni) the premise of this is just stupid. The full implications of this are just amazing.
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MAtt, 3 Feb 2010 @ 10:55am

This makes perfectly good sense
I just wonder why USC uses a condom as their mascot...
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- Anonymous Coward, 9 Apr 2014 @ 10:40pm
  
  Re: This makes perfectly good sense
  Last time I checked, Troy existed long before condoms were even invented. You might wanna open that dusty, ol' history book. :)
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drtaxsacto, 3 Feb 2010 @ 10:58am

The use of USC
Actually, this is not the first instance. The University of Santa Clara changed its name to Santa Clara University so as to avoid the misinterpretation. They are now SCU. USC, Trojans, have always been known as USC, so it sounds about right to me.
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impiri, 3 Feb 2010 @ 11:00am

Correction
While I agree wholeheartedly with the spirit of this article, the facts are a bit off. The source article left out quite a few significant details.

The lawsuit wasn't about the letters "USC". It's about one specific configuration of letters: the interlocking letters "SC" as used by the baseball programs of both schools. Southern California argued that South Carolina's logo was confusingly similar. (As a South Carolina alumnus and a Techdirt fan, I think that's ridiculous, but hey.)
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- Phillip (profile), 3 Feb 2010 @ 11:09am
  
  Re: Correction
  I had to look this up since no link was supplied, but the poster is correct. This was not about USC it was the interlocking SC on the baseball uniform. Still dumb:
  http://news.sc/2010/01/22/lawyer-calls-gamecock-logo-goofy-little-chicken-in-fight-over-sc-lo go/
  http://www.ajc.com/sports/will-the-real-usc-283849.html
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a-dub (profile), 3 Feb 2010 @ 11:06am

She's displays that sign so enthusiastically.
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Xavier, 3 Feb 2010 @ 11:09am

Usual
This is nothing new. University of Tennessee cannot use UT because University of Texas has it. Tennessee even had to stop their band from making the U formation and now does everything as the power T.
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Palmyra (profile), 3 Feb 2010 @ 11:16am

Oh don't worry about it!
When the NCAA gets finished with USC over the Reggie Bush violations they are not going to be much of a sports school for some time to come.
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Jon Healey, 3 Feb 2010 @ 11:27am

Trademarking the alphabet
Hey, Mike, impiri's right on this one. There's no trademarking letters of the alphabet; otherwise, we'd all be paying royalties to Children's Television Workshop.
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Anonymous Coward, 3 Feb 2010 @ 11:29am

OSU
The Ohio State Univesity
Oklahoma State University
Oregon State University

yadda yadda yadda..
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interval, 3 Feb 2010 @ 11:33am

Lawyer for the U of S. California == Class A Ass.
Lawyer for U of S. Carolina == True Gentleman.
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dh, 3 Feb 2010 @ 12:16pm

This country is like a bad sitcom.
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Bob Bunderfeld (profile), 3 Feb 2010 @ 12:39pm

Date Started?
Why Southern Cal is allowed USC over South Carolina I don't understand.

University of South Carolina was established in 1805, while University of Southern California was established in 1880. It would seem to me that if either of these two Schools had the "right" to use the letters of USC, the one who was established first should be given that "right".

Like many though, it's still silly to think that USC can only mean "University of Southern California". Although, with Lane Kiffin now at USC (West) I imagine the Dean of the College is doing everything he can to make sure USC stays with USC (West) even after the NCAA deals them a Death Penalty of Recruiting Violations.

Bob
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Charles, 3 Feb 2010 @ 1:49pm

"USC is an accurate acronym for both schools..."

Just to clarify. USC is not an acronym. It is an abbreviation.
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- Dark Helmet (profile), 3 Feb 2010 @ 2:30pm
  
  Re:
  "Just to clarify. USC is not an acronym. It is an abbreviation."
  
  Nonsense poopy pants!
  
  "Acronyms and initialisms are abbreviations that are formed using the initial components in a phrase or name." (Wikipedia)
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Quick Brown Fox, 3 Feb 2010 @ 2:36pm

SoCal is also an abbreviation for USC, although not as widely used. Apparently the lawyers (the real winners of this case) had no problem with it's alleged misuse.
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athe, 3 Feb 2010 @ 3:23pm

Make it 'UoSC', but make the 'o' so small as to only be visible up close...
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Fred McTaker (profile), 3 Feb 2010 @ 3:56pm

This trademark dispute came up before, between the same schools
This all started with UoS-California's "USC Graphic Identity Program" in 1994. They won the right to the USC trademark back then, after a similar legal fight with UoS-Carolina, so that they could make it a standard part of their letterhead, etc.

This SC interlock logo seems more about the sports promotion side, and UoS-California was first to market with their use. The Gamecocks not only tried a similar interlocking SC pattern on sportswear, but also had similar shades of red on the lettering to the existing TM.

A reminder: Trademark ownership is not based on first to business or even first to use, but only the first registered use in commerce. The game company Insomniac Games won a similar TM scuffle against another game company Insomniac Studios, because Insomniac Games were the first company with a game on the shelves with their "Insomniac" TM on the packaging. Insomniac Studios changed their name before their first release to resolve it. Insomniac is still a dictionary word that anyone can use. The fight here is over branding and use in commerce or promotion, not about who can use the USC abbreviation in other contexts.
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btr1701 (profile), 3 Feb 2010 @ 3:57pm

UT
The University of Texas better get to court fast before the University of Tennessee snaps up the rights to "UT".
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- Anonymous Coward, 4 Feb 2010 @ 3:42am
  
  Re: UT
  University of Toledo!
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- Danny, 4 Feb 2010 @ 9:52am
  
  Re: UT
  Yeah but the real fireworks won't start until the makers of the Unreal Tournament games involved in that one....
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Dan, 3 Feb 2010 @ 7:38pm

Image
We now have an image of a group of greedy self centered idiots with an ribbed prophylactic as a mascot.
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thomas, 3 Feb 2010 @ 8:03pm

just wondering..
how much the california people slipped under the tableto the judge?
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Yogi, 4 Feb 2010 @ 3:14am

USC vs USC
USC: U Sux Cock
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IntLibber (profile), 4 Feb 2010 @ 3:44am

The proper ruling, a judge would have prohibited Southern California from having the word "Southern" in its name since its not in the South, i.e. was never a member of the Confederate States of America. He would then order them renamed the University of Ozone California...
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- Anonymous Coward, 9 Apr 2014 @ 10:45pm
  
  Re:
  Maybe the Confederate states shouldn't be called "the South," since technically they're on the Northern Hemisphere. :)
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Danny, 4 Feb 2010 @ 9:57am

This is stupid. Anyone that is a fan of either will know which is which by colors (BTW what are U of SCalifornia's colors?). So.Cal. did this knowing full well that most people associate USC with South Carolina (I mean I've never even heard of U of Sout. Cal. until now) and they wanted that recognition. Does anyone know if these two schools meet in any college sports? I don't like college sports that much but I would go to said game just to cheer for U of South Carolina.
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- Joe, 8 Oct 2012 @ 2:14am
  
  Re:
  You have never heard of USC..what ROCK do you live under...yo u must live in the DEEP DEEP DEEP South..in the Hill so Tennessee !!
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Dom, 4 Feb 2010 @ 10:30am

a state should get the ruling over a part of a state in this situation.
at which point did this become a problem becuase this is pretty stupid to have a court case over.. and simply put if they confuse you with someone else then youre not doin a good enough job out on the field to make name for yourself
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Tim, 15 Jul 2010 @ 9:05am

Even though South Carolina's school was started before Southern California, Southern California first went by "University of Southern California" before South Carolina College changed their name to "University of South Carolina." Look it up.
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SouthCakC23, 14 Sep 2010 @ 6:22am

look it up!
USC was first charted as a college in 1805. They were first chartered as a UNIVERSITY in 1866. So Cal was chartered as a University in 1880. I have no problem with So Cal keeping the rights to "SC".....but some people keep ignorantly referring to So Cal as USC. Thr Trojans have a "SC" on their athletic team uniforms for a reason: THEY ARE NOT USC!
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WBT986, 2 Nov 2010 @ 1:58pm

Yeah, because being named after a Revolutionary War commander who earned the nickname the Carolina Gamecock for his fierce battle tactics is much more silly than being named after an ancient civilization who is known for being wiped out in a war and has no connection to the state of California. Well I guess I can see how a silly chicken threatens the Trojans warrior image. The Gamecocks mascot historically has a warrior image and the Trojans are legendary for losing.
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Ron Clamp, 13 Oct 2011 @ 7:41pm

USC
Univ of Southern California was chartered in 1880
University of South Carolina was chartered in 1801

The lawyer for southern california obviously doesn't know the difference between a chicken and a c0ck. If saying gamecock makes you giggle you probably wouldn't know what its used for if you had one.
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