University Of Texas Claims Trademark Over 'Texas'; Wants Useful iPhone App Blocked

from the oh-come-on dept

Tue, Feb 16th 2010 1:34pm — Mike Masnick

Trademark law, when used properly, serves an important purpose in making sure that consumers are not made worse off by being tricked into buying lower quality products and services under the belief that they're actually coming from someone else who is trusted. But in the age of the "ownership culture," where too many people have tried to twist trademark law away from its true origins to make it appear to be a quasi-"property right," you get too many cases of people using trademark law to actually make consumers worse off.

Take for example this story, sent in by iamtheky about how the University of Texas is trying to stop some former students from making an incredibly useful iPhone app for UT students, called iTexas, by claiming it infringes on their trademark on Texas.

The makers of the app, Mutual Mobile, have made a bunch of successful iPhone apps, but UT got upset last year when the company introduced the UT Directory, which put a much more useful interface on (you guessed it) the UT staff and student directories. After the University complained, the company felt that perhaps the use of the school's colors made it look like an "official" app, so they agreed to fix that part. When the company launched iTexas, it made sure that it didn't have the school's color scheme or do anything to make it appear as the official app. But it did make the app a lot more useful:

A free download, the app retains the searchable directory but also lists menus from different cafeterias across campus, tallies students' dining-card and Bevo Bucks balances, delivers class schedules, shows campus maps, and more.

This sounds like a great and rather useful app. Exactly the sort of thing that the University should be encouraging, not just because it would help some alumni succeed, but also because UT students would likely find the app quite useful. But, that's not the way UT officials think, apparently:

On Feb. 1, the Mutual team learned that UT had raised another objection to its latest app, specifically to the use of the word "Texas" in the name. "As this name is confusingly similar to the Texas [trademark], UT objects to such use," reads a notice sent to the Apple app store by attorney Wendy Larson. UT's board of regents began trademarking university properties back in 1981. A list of protected trademarks appears on the university Office of Trade mark Licensing Web page; alongside more specific trademarks such as Bevo and Lady Longhorns is, simply, Texas.

Lesson learned: don't try to make life better for UT students without first paying the University.

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Filed Under: apps, iphone, itexas, texas, trademark, university of texas
Companies: mutual mobile, university of texas

65 Comments

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usmarine, 16 Feb 2010 @ 1:39pm

OMFG
This makes me so mad I want to climb a tower and just start shooting people!
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- Colg, 16 Feb 2010 @ 4:57pm
  
  Re: OMFG
  Oh Cool. a 43 year old Charles Whitman refrence!
  
  One of the coolest things about that incident was that police credited (many) civilian shooters with providing suppression fire, keeping him under cover, thereby making it difficult for him to shoot and preserving life.
  [ link to this | view in chronology ]
Tom Landry (profile), 16 Feb 2010 @ 1:47pm

you know how this went, absolutely none of the faculty or head office knew or cared about this but ol' "Wendy" needs to prove her worth in a MAN'S world. You go go girl.

I'm guessing Wendy sits home most nights with a bottle of Yellow Tail Shiraz and her adopted greyhound watching Lost reruns.....
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- Nastybutler77 (profile), 16 Feb 2010 @ 2:12pm
  
  Re:
  "...Wendy sits home most nights with a bottle of Yellow Tail Shiraz and her adopted greyhound watching Lost reruns....."
  
  More likely Ally McBeal reruns.
  [ link to this | view in chronology ]
Brian (profile), 16 Feb 2010 @ 1:51pm

So does this mean I cannot sell Texas Toast or create a company called Texas Toast without paying UT for my use of the word Texas? Or maybe I create a new recipe and use texas in the name. What about Texas Instruments, I wonder if they have to pay UT to use Texas.
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ChurchHatesTucker (profile), 16 Feb 2010 @ 1:54pm

Huh
Apparently my map of the U.S. is in serious violation.
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Nastybutler77 (profile), 16 Feb 2010 @ 2:11pm

I guess...
...you really SHOULDN'T mess with Texas(TM)... Or help promote them, or do anything without first getting permission.
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- John Duncan Yoyo (profile), 16 Feb 2010 @ 3:38pm
  
  Re: I guess...
  What the hell are they going to call that state south of Oklahoma since they can't call it Texas? South Oklahoma or West Louisiana or East New Mexico or North Mexico.
  [ link to this | view in chronology ]
Nastybutler77 (profile), 16 Feb 2010 @ 2:15pm

Can someone explain to me who would approve a trademark application where the applicant is requesting a trademark for the name of a place? In what way does this make sense? What happened to common sense? I feel like I'm taking crazy pills!
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johnjac (profile), 16 Feb 2010 @ 2:35pm

Same school
Reminder that it has a right to paintings of its buildings
http://www.techdirt.com/articles/20091106/0057036818.shtml

Should someone remind them they are a PUBLIC university?
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Anonymous Coward, 16 Feb 2010 @ 2:36pm

There's a "Everything's bigger in Texas" Joke in here somewhere.
Isn't Kevin Smith from Texas? OOOOH wait, SouthWest Airlines is based in Texas.

Nevermind.
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- Answer Man, 16 Feb 2010 @ 2:43pm
  
  Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
  Sir,
  
  Don't make us eject you from Techdirt due to a safety issue our committee just made up.
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  - Dave Buznik, 16 Feb 2010 @ 2:48pm
    
    Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
    Huh? I never said anything. What safety issue?
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  - Dr. Buddy Rydell, 16 Feb 2010 @ 2:51pm
    
    Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
    Dave is with me. Is there something wrong?
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- interval, 16 Feb 2010 @ 2:48pm
  
  Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
  @AC: "Isn't Kevin Smith from Texas?"
  
  Uhm, New Jersey. The fact that almost all of his films, from "Clerks" to "JERSEY Girl", take place in New Jersey should have tipped you off.
  [ link to this | view in chronology ]
  - Vidiot (profile), 16 Feb 2010 @ 3:37pm
    
    Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
    Oooh! Oooh! Good idea... I'll get busy on the New Jersey trademarking, not that anyone necessarily wants to infringe. Actually, fair chance that David Chase locked that up when he did "Sopranos". And for those of you who don't know, ya gotta use the "New"... if you're callin' it "Jersey", you're from outta state.
    [ link to this | view in chronology ]
    - Anonymous Coward, 16 Feb 2010 @ 6:49pm
      
      Re: Re: Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
      They could be talking cattle for all I know... haven't seen a Jersey cow or a sports jersey recently... but you could make a killing trade marking "Jersey" and then "New Jersey" as a registered mark....
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- Anonymous Coward, 17 Feb 2010 @ 2:45am
  
  Re: There's a "Everything's bigger in Texas" Joke in here somewhere.
  Remember, this is the state where The Oprah was sued for defaming the beef industry.
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Strofcon, 16 Feb 2010 @ 2:42pm

Trademarking an entire state?
Exactly how can they legitimately claim to hold the trademark for the name of an entire state? How can they claim to hold the trademark to the name of ANY place?

If it's legal to do so, then I need to start filing a TON of trademark requests. I'll have more money than God in a week.

I'm surprised Mike didn't dig into this particular bit of idiocy rather than just the lack of business sense shown by UT.
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- btr1701 (profile), 16 Feb 2010 @ 2:56pm
  
  Re: Trademarking an entire state?
  > Exactly how can they legitimately claim to hold the trademark
  > for the name of an entire state? How can they claim to hold the
  > trademark to the name of ANY place?
  
  It gets worse than that. When I was going to school there, they shut down some kids selling t-shirts with the capital letter "T" on the front to people as they headed for the stadium on game days. The university claimed to have a trademark on the letter "T".
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  - SeanG (profile), 16 Feb 2010 @ 4:58pm
    
    Re: Trademarking an entire state?
    So what do they do to students who show up at games with a T or school colors painted on their bodies?
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  - Anonymous Coward, 16 Feb 2010 @ 7:42pm
    
    Re: Re: Trademarking an entire state?
    Uh oh, I bet Mr. T owes them a lot of money.
    
    Stuff like this isn't uncommon. Greed has absolutely killed this country.
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- PRMan, 16 Feb 2010 @ 3:38pm
  
  I already trademarked "God"
  Exactly how can they legitimately claim to hold the trademark for the name of an entire state? How can they claim to hold the trademark to the name of ANY place? If it's legal to do so, then I need to start filing a TON of trademark requests. I'll have more money than God in a week.
  I already trademarked "God". Please rephrase your post.
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interval, 16 Feb 2010 @ 2:45pm

So you can trademark state's names. Who knew?
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hahah american law is retarded, 16 Feb 2010 @ 2:46pm

GOOD
let americans go right retard over copyright
and in like i said 50 years you will be the third world
YES
so deny there copyright abroad and let them continue to ramp it up at home.

THIS IS further proof how stupid it is and this is the same politicians that take the hollywood bribe money

TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS TEXAS
see how much money i owe
ZERO
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- interval, 16 Feb 2010 @ 2:49pm
  
  Re: GOOD
  Ohhh, good. Another one of these "I hate America" idiots.
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- Any Mouse, 17 Feb 2010 @ 1:56am
  
  Re: GOOD
  Yes, yes, death to America...
  
  But, Paco? This is about trademark, not copyright.
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btr1701 (profile), 16 Feb 2010 @ 2:54pm

Texas
If UT thinks it has an enforceable trademark on the word “Texas”, it seems like they ought to forget about the little fish making iPhone apps and go after the real deep pockets: sue A&M for using (and let’s face it— abusing) their Texas trademark.
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- Anonymous Coward, 16 Feb 2010 @ 5:48pm
  
  Re: Texas
  Not to mention ... the state of Texas!
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Anonymous Coward, 16 Feb 2010 @ 3:02pm

Interesting since apparently none of UT's subsisting trademark registrations and their associated goods/services pertain to software.
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Cynyr (profile), 16 Feb 2010 @ 3:04pm

Students not the priority
Mike,
1) You seem to be under the dilusion that the university is there to help out the students. Anything it can not do that would cause students to stay long or spend more is a good thing to them(makes them more money).
2) As far as some alumni that no one had heard of before trying to make an iPhone app that would make things easier for students, see point 1, all things related to the university need to go though them. When I say all I mean ALL.

Now if i recall the University of Texas is a major football(handegg) school. Thats where the money is. So the real issue is that this app doesn't promote the football team(by paying to do so), and could make students on time to classes, and able to find out their professors contact info for assistance outside of class. Yep I'm cynical, but i graduated 2 years ago from a much much smaller university who was doing things like renaming programs every 3 years or so. Causing everyone to then need to appeal that IS104 was the same as IT104, and those that didn't or didn't try hard enough got to pay out extra.

So see this for what it is, a pure money grab from the university. I'm willing to bet that if they offered 90% of the earning from the app to UT this would have been a non issue.
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lostalaska, 16 Feb 2010 @ 3:04pm

I hope the blowback is monumental
First off I hope the students let the staff know how stupid this move is. Secondly, I hope if they do have a law program those students are considering going somewhere else where the law is not only taught, but understood.
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kellythedog, 16 Feb 2010 @ 3:07pm

the colour of iTexas
The inclusion of “Texas” in iTexas violates University trademark rights, which guarantee UT ownership of the brand “Texas” when used in reference to the University.
Craig Westemeier, UT assistant athletics director for trademarks and licensing, said that the name could cause confusion among consumers who think the University produced the iTexas application.

I find that very hard to believe, why couldn't it mean a Texas travel app, or Texas pron hub...

And it actually gets worse apparently they trademarked some buildings and the colour Burnt Orange.
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- Anonymous Coward, 16 Feb 2010 @ 5:41pm
  
  Re: the colour of iTexas
  Not trying to defend UT here, but I believe they don't want people to be confused between the Official University of Texas App, and iTexas which appears to be a late-to-the-game copy/ripoff of the real thing.
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  - Tyanna, 17 Feb 2010 @ 10:40am
    
    Re: Re: the colour of iTexas
    Is there an official UT app? If yes, then what is it's name? If no, then what confusion?
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    - Anonymous Coward, 17 Feb 2010 @ 11:53pm
      
      Re: Re: Re: the colour of iTexas
      yes.
      
      Here it is:
      http://www.utexas.edu/iphoneapp/
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mjb5406 (profile), 16 Feb 2010 @ 3:21pm

Are All 50?
If some ninny in the USPTO allowed an even bigger ninny at UT to trademark the name "Texas" they should both be hung, just like the criminals in the Wild West were. If the trademark was granted only in 1981 (or later), what about the hundreds of years that the word "Texas" was used? Will UT now demand "reparations" for the damages it has endured because of this? Will they now go after each and every use of the word Texas (OMG... I owe a royalty) everywhere it's used? Or are they basically just pissed because they didn't come up with the idea for the app first so they could charge for it instead of someone giving it away for free?
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taoareyou (profile), 16 Feb 2010 @ 3:35pm

How do I go about submitting trademark requests for the other 25 letters of the alphabet?
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- Anonymous Coward, 16 Feb 2010 @ 6:19pm
  
  Re:
  Submit 26 trademark requests in Texas® ovbiously !!! They will sign anything :>
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The Anti Dark Helmet - just kidding, 16 Feb 2010 @ 3:49pm

iDumbAss
I think they should change the name to saxeTi just so everyone who uses the app realizes how backwards the University is every time they look at it.
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- Eric Foster-Johnson, 17 Feb 2010 @ 9:42am
  
  Re: iDumbAss
  How about simply iTexAss for the new name? That name would point out a commentary on the situation.
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Anonymous Coward, 16 Feb 2010 @ 3:56pm

FAQ: How mainland America collects royalties from China
Here's a radical idea: why don't we sell Texas to China to pay down some of our debt? I don't think they would mind.

Granted, the only thing I think I'd miss is Plano TX's Frito Lay, and this god-awful jalapeno beer.

It's real bad beer that has resulted in two keyboards being replaced, along with the accidental destruction of a Windows Vista notebook, but I think I'll find a way to cope.
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- Anonymous Coward, 16 Feb 2010 @ 6:40pm
  
  Re: FAQ: How mainland America collects royalties from China
  "Here's a radical idea: why don't we sell Texas to China to pay down some of our debt? I don't think they would mind."
  
  China doesn't buy toxic assets anymore.
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  - Anonymous Coward, 16 Feb 2010 @ 6:51pm
    
    Re: Re: FAQ: How mainland America collects royalties from China
    Why don't we trademark "China", then we collect royalties on the import industry... and don't forget "Japan" and "Mexico", our other big "Made In" (ooh.. that too) countries.
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mjb5406 (profile), 16 Feb 2010 @ 4:15pm

Another Solution?
Change the name of the app to iTechses... same pronunciation, different spelling. Or maybe iCUTJerks is better.
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platypusrex256, 16 Feb 2010 @ 4:26pm

for all schools
i am guessing the api might be different for other school networks, but why don't they make a single universal app for all schools? avoid all trademarks altogether.
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DanVan (profile), 16 Feb 2010 @ 4:28pm

I hope those students keep it up. What an absurd claim
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SeanG (profile), 16 Feb 2010 @ 5:00pm

Facepalm doesn't quite cover it
Another in a long line of examples of the high levels of crazy found in Texas. Dear Texas, please just secede and get it over with.
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Anonymous Coward, 16 Feb 2010 @ 6:16pm

Texas® does anyone have the address for Governer of "The State Formerly Known as Texas" they can be served with a cease and desisist order :>
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- Anonymous Coward, 16 Feb 2010 @ 6:55pm
  
  Re:
  Sorry, the reference for the governor is unavailable, due to using "Texas" in the phrase "The State Formerly Known as Texas".... You'll have to address it to the "Governor of Tejas" and hope that the "Tejas Auto Group" doesn't receive the message in the Houston area.
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DUH, 16 Feb 2010 @ 8:03pm

Well Duh,
The App is quite obviously using the "Texas" name to better market its app. If it were called say "directory of joe blow", it would not be as popular as "itexas" the only thing they need to do is to change the name to something original. The "namer" of the app is obviously infringing on the Texas name. It would be like me making a app called iNike" and having it be a list of all the different brands of Nike shoes, and selling this app to make myself rich. Take it down and come up with some originality and stop leaching off big names....
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- Anonymous Coward, 16 Feb 2010 @ 9:50pm
  
  Re: Well Duh,
  The App is quite obviously using the "Texas" name to better market its app.
  
  Well duh, indeed. And that's perfectly legal as long as they aren't causing people to confuse them with the university itself.
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- toddski (profile), 16 Feb 2010 @ 10:09pm
  
  Re: Well Duh,
  You making an app called Nike should have completely different ramifications than you making an app called Texas - in terms of name. There could well be an argument in terms of the maps and other material though. That withstanding, it seems the makers originally changed the name out of respect to the university, which seems courteous enough.
  
  The worst thing is that UT seemingly thinks it has something to gain out of this action. If they care about their students (and don't want to cause any unrest) then they would let the app continue. Its only providing useful information right? What's even better is that it provides information to people who are new around the facility.
  Maybe if they worked with the app creators rather than against them then they could have come to some sort of agreement anyway?
  
  Fools.
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Jamie (profile), 17 Feb 2010 @ 4:29am

I pay licence fees to UT so that I can say I was born in Texas(TM)
Is every child born in Texas slapped with a copyright law suit seconds from emerging from the womb?

Would not be surprised.
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Seth, 17 Feb 2010 @ 6:41am

Before everyone gets their panties in a bunch
While that blurb is convenient for mockery let me point out a few things:

-there is already an official app that has most of this functionality AND IT WAS APPROVED.
-the iTexas app uses COPYRIGHTED data without permission
-the app INSECURELY and INAPPROPRIATELY caches your university credentials

It's easy for everyone to see the little guy getting crushed but that isn't the real issue at stake. It's someones app not abiding by the policies set for interaction with University data. FERPA is no laughing matter.
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- Eric, 17 Feb 2010 @ 9:30am
  
  Re: Before everyone gets their panties in a bunch
  I thought this was a oxymoron
  "-the iTexas app uses 'COPYRIGHTED data' without permission"
  
  I didn't think you could copyright data, or information. Information is information.
  
  If they are against the app for security reasons then that is how they should represent their case. To say they have a copyright on the word "Texas" is quite insane. And anyway the App is named iTexas.. not Texas.
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- nasch (profile), 17 Feb 2010 @ 9:54am
  
  Re: Before everyone gets their panties in a bunch
  What does any of that have to do with trademark law?
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- Anonymous Coward, 17 Feb 2010 @ 10:34am
  
  Re: Before everyone gets their panties in a bunch
  -there is already an official app that has most of this functionality AND IT WAS APPROVED.
  
  So what's wrong with competition. Or maybe that's what this is all about: trying to eliminate competition.
  
  -the iTexas app uses COPYRIGHTED data without permission
  
  Seeing as how US law doesn't allow data to be copyrighted, I don't see how that could be true.
  
  -the app INSECURELY and INAPPROPRIATELY caches your university credentials
  
  That's not a trademark issue.
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  - iamtheky (profile), 17 Feb 2010 @ 2:53pm
    
    Re: Re: Before everyone gets their panties in a bunch
    If any of that was true, they would not have opted for the valid Copyright claim rather than retarded "We trademarked Texas" claim. And how dare they cache your username and password like every other user friendly aggregating application. And if there is access to certain data via certain credentials, and that data is only displayed when those credentials are provided, exactly which part is infringing. (please say the method, that sounds like fun)
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- Tyanna, 17 Feb 2010 @ 10:51am
  
  Re: Before everyone gets their panties in a bunch
  1. If an app was approved, what was the name of the app. A trademark violation would only apply if there was confusion between the name of the one provided by the university and the one provided by this company.
  
  2. I find that doubtful. As has already been said by the posters above me, you can't copyright data. And second, if the app was using copyrighted data, then UT would have filed a copyright violation and take down order, not a trademark violation.
  
  3. Again, if that was the case then the university should have blocked the app from accessing it's obviously open API. Or they should have went to the company and expressed it's concerns...not file a trademark violation!
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Anonymous Coward, 17 Feb 2010 @ 7:41am

Their panties came pre-bunched
Thanks for the info Seth.

It's good to know someone has the real story. I guess the trademark issue is UT's strongest defense, but they have everyone's security in mind.
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- Anonymous Coward, 17 Feb 2010 @ 10:36am
  
  Re: Their panties came pre-bunched
  Thanks for the info Seth.
  It's good to know someone has the real story.
  
  Is that you again Seth, or has the university sent multiple shills over here?
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Huh, 17 Feb 2010 @ 2:54pm

Hmmmmmmmmmmmmmm?
Walker, Texas Ranger - so what would Chuck do?
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Anonymous Coward, 26 Feb 2010 @ 8:47pm

MutualMobile.com is there website.
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Coupdefusil, 1 Mar 2015 @ 12:28am

Coup De Fusil
Reminder that it has a right to paintings of its buildings
http://coupdefusil.fr
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