Ohio Football Topic
Topic: O$U Flags
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JHSbobcat08
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Posted: 9/29/2013 11:28 AM
How in the world can O$U come out of the tunnel with huge flags spelling out O-H-I-O? But no mention of State? Is that included in the clause with their spelling out of OHIO? I think that is so wrong.
Mike Johnson
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Posted: 9/29/2013 12:57 PM
JHSbobcat08 wrote:expand_more
How in the world can O$U come out of the tunnel with huge flags spelling out O-H-I-O? But no mention of State? Is that included in the clause with their spelling out of OHIO? I think that is so wrong.


Unless excluded in the settlement between OU and OSU, that flag would be a violation. 
The Situation
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Posted: 9/29/2013 1:49 PM

What's the line of action to put this to a stop?

It's bothered me for years.

Alan Swank
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Posted: 9/29/2013 2:51 PM
JHSbobcat08 wrote:expand_more
How in the world can O$U come out of the tunnel with huge flags spelling out O-H-I-O? But no mention of State? Is that included in the clause with their spelling out of OHIO? I think that is so wrong.


When traveling by plane, I often wear a blue blazer with an OHIO lapel pin.  After significant wins like Pitt, Michigan, etc., I often heard a Go Bobcats.  Lately though the reference has been to Ohio State.  
BillyTheCat
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Posted: 9/29/2013 3:27 PM
No flags say OHIO, it's simply 4 individual letters
Monroe Slavin
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Posted: 9/29/2013 6:41 PM
BillyTheCat wrote:expand_more
No flags say OHIO, it's simply 4 individual letters


You're being sarcastic, right?!
OhioStunter
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Posted: 9/29/2013 6:51 PM
Maybe they don't have the funds to afford five additional S-T-A-T-E flags.
Gallia Cat
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Posted: 9/29/2013 7:54 PM
The close ups of the cheerleaders and hearing them yell "let's go Ohio" just about made my head explode. I think it's time to revisit that agreement because I am sick of Ohio A&M Violating OUr name!
catfan28
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Posted: 9/29/2013 9:47 PM
We really should do something. Even if the university isn't willing to...I'd be willing to chip some significant $$$$ in for a law suit....even if it only raises some awareness of the issue. I'm sick of them using OUr name.

Any lawyers in the house?
Mike Johnson
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Posted: 9/29/2013 11:11 PM
catfan28 wrote:expand_more
We really should do something. Even if the university isn't willing to...I'd be willing to chip some significant $$$$ in for a law suit....even if it only raises some awareness of the issue. I'm sick of them using OUr name.

Any lawyers in the house?


To succeed in any such action, Ohio would have to demonstrate that it has been zealously protecting its rights under the settlement. 
perimeterpost
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Posted: 9/30/2013 12:45 AM
"Now, we could fight 'em with conventional weapons. That could take years and cost millions of lives. No, in this case, I think we have to go all out. I think this situation absolutely requires a really futile and stupid gesture be done on somebody's part."

It will be difficult, but the only way I can see to get them to drop their Ohio references is to shame them into dropping it on their own. We have to force the issue to the point where the average college football fan (ie hater of all things Bukeyes) immeidately sees what we see and openly and repeatedly mocks them for "cheering for the wrong school". I hate this idea but one way to fight it is to steal every singly song, chant, yell, cheer, hand gesture, whatever that they do that references OUr school. Let America tune into Tuesday night MACtion and hear a bunch of OH-IO cheers and let them start connecting the dots.

Until it becomes too embarrassing for them to refer to themselves by the wrong name they will continue to do it.
Tim Burke
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Posted: 9/30/2013 1:39 AM
Our agreement with them permits "traditional" uses of Ohio in their athletic marketing, from Ohio Stadium to their iconic track & field uniforms, and I'm assuming those flags are included.
Bobcatbob
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Posted: 9/30/2013 8:50 AM
These kinds of things are mildly annoying but if the goal of bringing it up constantly is to ensure that the nation knows this athletic program only as Ohio State we don't have a problem.  Outside Ann Arbor, I have never heard anyone say "Ohio" when they were refering to the evil empire of Columbus.  If there was ever a chance of that happening, the pompous "THE Ohio State University" intros on every NFL game will take care of it.  They are forever destined to be "State".
Mike Johnson
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Posted: 9/30/2013 1:03 PM
Tim Burke wrote:expand_more
Our agreement with them permits "traditional" uses of Ohio in their athletic marketing, from Ohio Stadium to their iconic track & field uniforms, and I'm assuming those flags are included.


I'm not sure I'd make the same assumption, Tim.  My memory could be flawed - it often is - but I seem to recall that the settlement required OSU cheerleading sweaters to read Ohio State the first time new sweaters were ordered after the settlement.  My memory is not as clear on the track unis.

(Note: my memory is based on correspondence with retired Ohio legal affairs director John Burns who kept me plugged in on the settlement process as a result of my having provided some insights into registering logos and brandmarks.  But all of this now goes back how many years?  I do recall The Wall Street Journal having fun with the OU/OSU dispute and ditto Matt Lauer on his Today Show.)
Ohio69
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Posted: 9/30/2013 1:30 PM
perimeterpost wrote:expand_more
"Now, we could fight 'em with conventional weapons. That could take years and cost millions of lives. No, in this case, I think we have to go all out. I think this situation absolutely requires a really futile and stupid gesture be done on somebody's part."............


............Until it becomes too embarrassing for them to refer to themselves by the wrong name they will continue to do it.


I think Rufus taking down the buckeye nut thingy takes care of your first line.

And I agree with the second part.  It would be fun if our local media asked them why they use our name every time we play them in any sport.  Just for starters.  Like when we play basketball in a few weeks, the Post reporter who gets in the post-game conference asks Thad Matta why they have flags that say OHIO and if he thinks Michigan State does that to Michigan.  That sort of stuff.
MonroeClassmate
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Posted: 9/30/2013 2:27 PM
Police will tell you that they get their man because of the tips they get; terrorism we are told is thwarted by the eyes of the public.  So with that in mind I encourage each of you in a non-azzwhole way of letting people know the difference.

For instance, on Saturday, a Facebook friend of my wife right before the O$U kickoff typed O-H-I-O and had lots of likes hit her comment.  I typed S-T-A-T-E?  O-H-I-O was idle.

The friend can remain ignorant or she can figure she did something... It is up to us to let those who make the error understand the difference.

Personally, I think their OH  IO cheer is lame.  It would seem to be much better to have after the two sides do their part that the entire group then yell S-T-A-T-E.  An accent on the STATE part would be ear shattering when they do it together and I'd think would sound completely BAD AZZ
Victory
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Posted: 9/30/2013 4:56 PM
MonroeClassmate wrote:expand_more
For instance, on Saturday, a Facebook friend of my wife right before the O$U kickoff typed O-H-I-O and had lots of likes hit her comment.  I typed S-T-A-T-E?  O-H-I-O was idle.


THIS!  I do this sort of thing on facebook and the like all the time.

Also, I know people who when asked say that they went to "Ohio University" because they want to avoid the possible ensuing question of if they mean Ohio U. or Ohio State.  ALWAYS say that you went to Ohio.  If they ask for clarification then simply reply again that you went to Ohio.  Eventually, they will say something like "Ohio U.?"  Then say "Yes! I went to Ohio."  Be nice about it but never refer to the school as anything but Ohio in a place where another alum of another school would simply say the name without the "University" added.
Last Edited: 9/30/2013 5:29:18 PM by Victory
BillyTheCat
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Posted: 9/30/2013 6:21 PM
Why did OHIO University wait until 1995 to trademark OHIO?
Mike Johnson
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Posted: 9/30/2013 6:32 PM
BillyTheCat wrote:expand_more
Why did OHIO University wait until 1995 to trademark OHIO?


Back in the day - I'm thinking 1960s - if you'd walked into the College Book Store, you would have seen a far less extensive array of logo'd apparel and merchandise.  Schools - or at least many - were slow to savvy up on marketing.

Then schools came to realize that a broader array of logo'd items would produce a range  of marketing payoffs - including higher royalty income which has run about 7% of retail prices (percentage might have changed in recent years).

That evolution spurred thinking that logos and brandmarks should be copyrighted. 

In addition,  by the time Ohio got around to registering Ohio as a trademark - applying only to licensed apparel and merchandise - other state-named schools already had done so.  That last fact explains why Ohio State had little chance to prevail had its complaint against Ohio proceeded to a hearing before an administrative law judge. Hence the settlement.
OhioCatFan
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Posted: 10/1/2013 10:18 AM
There was also the issue of traditional and historic use.  When we could supply newspaper examples dating back to the 1890s of our teams being called "OHIO" and A&M's teams wearing jerseys that just said "OSU," it was important evidence in the case.  I forget the exact term that the lawyers used for this, but it was kind of a defacto copyright in the absence of any formal grant of copyright to either party.  As John Burns told me, it was very crucial evidence in convincing the OSU attorneys that they were going to be the losers if the case ever went to trial.  I do think we gave up too much in the out-of-court settlement.  Glidden and the president of OSU Kirwin (sp?) were good buddies and, therefore, Glidden was, perhaps, a little too lenient in those final negotiations.  From my memory of the settlement, the O-H-I-O flags are a violation of the agreement as well as the band wearing little diamonds on their hats saying "OHIO."  The things that were grandfathered in included "Ohio Stadium" and "Script Ohio."  Cheerleader uniforms were not.  As Mike said they were permitted to continue to use their "OHIO" cheerleader uniforms for a few years until they wore out; which occurred a number of years ago.   Like, Mike, I played a very minor role in helping develop some evidence for this case.  
bornacatfan
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Posted: 10/1/2013 10:24 AM
BillyTheCat wrote:expand_more
Why did OHIO University wait until 1995 to trademark OHIO?


Trademarks were not such a big thing till the late 80's to mid 90's when branding became a big deal. College Athletics as a business did not explode till then, it was not something most folks thought of. When I trademarked my business logo in 1988 the lawyer thought I was crazy.   I would bet research on most athletic programs would show that many names, logos and symbols got trademarked inthat decade.
OhioStunter
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Posted: 10/1/2013 11:17 AM
I recall seeing a thread about this specifically, but an item like this falls under a violation of the trademark agreement, no?

http://www.homage.com/store/collegiate/ohio-state/block-ohio


mf279801
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Posted: 10/1/2013 11:46 AM
OhioStunter wrote:expand_more
I recall seeing a thread about this specifically, but an item like this falls under a violation of the trademark agreement, no?

http://www.homage.com/store/collegiate/ohio-state/block-ohio




Odds are, if that is being marketed as any sort of collegiate apparel, that that would be a violation of both our and OSU's copyrights...I'm guessing that that is an unlicensed shirt made be a third party
UpSan Bobcat
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Posted: 10/1/2013 11:54 AM
It's kind of hard to tell, but it looks like there might be some kind of trademark simple at the end.
Mike Johnson
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Posted: 10/1/2013 11:59 AM
OhioStunter wrote:expand_more
I recall seeing a thread about this specifically, but an item like this falls under a violation of the trademark agreement, no?

http://www.homage.com/store/collegiate/ohio-state/block-ohio



Probably not.  The copyright applies only to how the OHIO logo is used with licensed apparel and merchandise.

In recent years in Ohio airport gift shops I've seen t-shirts with a simple OHIO that clearly is not Ohio University's logo. 
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