Ohio Football Topic
Topic: O$U Flags
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C Money
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Posted: 10/1/2013 12:00 PM
If the shirt is officially licensed, then I would think that it is a violation of the settlement.

If it is not officially licensed, it wouldn't be a violation of the settlement, but it would probably be a violation of our trademark by the third party vendor since it is being marketed as "Ohio State Buckeyes" "Collegiate" gear. A cease and desist letter  to the vendor would seem appropriate.
Robert Fox
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Posted: 10/1/2013 12:36 PM
It appears to be a "registered" trademark, which is interesting. I don't know how you could register "Ohio" as a trademark given it's the name of the state.

I agree this is probably not licensed by OSU, and is someone's effort to make some money with counterfeit apparel. If so, that would slow OU's legal response, given they would be suing some unknown entity and basically chasing rabbits.
perimeterpost
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Posted: 10/1/2013 12:42 PM
what's interesting about that shirt is its an homage (a la the name of the company) to Jesse Owens' famous track jersey.

I would be interested to see if they actually sell a lot of those. The cheers and the chants and stuff are one thing but I would think that even the most knuckle headed OSU fan would see that shirt and think "it looks like an OU shirt, no thanks".
OhioStunter
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Posted: 10/1/2013 12:47 PM
In your avatar, is Will Ferrell wearing an OSU sweater or an OU sweater?
mcbin
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Posted: 10/1/2013 1:36 PM
perimeterpost wrote:expand_more
what's interesting about that shirt is its an homage (a la the name of the company) to Jesse Owens' famous track jersey.

I would be interested to see if they actually sell a lot of those. The cheers and the chants and stuff are one thing but I would think that even the most knuckle headed OSU fan would see that shirt and think "it looks like an OU shirt, no thanks".


Stuff like that sells like hotcakes here in Columbus, you can bet a ton have been sold. (At $28 a t-shirt, as well).

It is very nice quality stuff HOMAGE sells.  (American Apparel I believe). I've got a number of OU shirts from them, even a nice MAC hoops shirt. Shame on US, if we're not getting our due $$. But wouldn't be the least bit surprised either.

I'm pretty sure the owner/founder is an alumnus.

ben
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Posted: 10/1/2013 3:29 PM
$28 for a t-shirt? I can get four t-shirts of the "Jesus Riding a T-Rex" ilk for less than that. 

It's a tough call.


Rowdy Rufus
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Posted: 10/1/2013 3:59 PM
Ohio69 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.

haha... Maybe he can also steal the O.H.I.O. flags well.  We could die them green and use them for OUr team.
Rowdy Rufus
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Posted: 10/1/2013 4:00 PM
Monroe Slavin wrote:expand_more
No flags say OHIO, it's simply 4 individual letters


You're being sarcastic, right?!

I'm guessing he's dead serious... 
perimeterpost
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Posted: 10/1/2013 4:23 PM
OhioStunter wrote:expand_more
In your avatar, is Will Ferrell wearing an OSU sweater or an OU sweater?


technically it from the University of Ohio. Hambone!
Jim Phinney
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Posted: 10/1/2013 6:21 PM

If you go to an OSU game, you will find that the word Ohio by itself is used extremely often.  So, despite the trademark, it's going to happen.  Like the rest of you, this has bothered me for decades, but it's not going to change.  What we have to do, rather than be so obsessed with OSU, is to make sure we, ourselves, identify as Ohio.  We can't win (except for small victories like the trademark) a battle telling others that OSU is not Ohio.  Convincing students, employees, and alums of The Ohio University at we are Ohio is the battle we need to focus on.

RSBobcat
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Posted: 10/1/2013 8:27 PM
UpSan Bobcat wrote:expand_more
It's kind of hard to tell, but it looks like there might be some kind of trademark simple at the end.


It' snot
RSBobcat
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Posted: 10/1/2013 9:46 PM
Look what I just found on Facebook:

http://fb.fanatics.com/COLLEGE_Ohio_State_Buckeyes/on_sal...

Check out the "Lets Do It Ohio" shirts. I posted a comment "I like the Let's Do It Ohio" shirts - Go Bobcats

This looks pretty blatant to me - Who's calling the lawyers?
perimeterpost
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Posted: 10/1/2013 9:53 PM
RSBobcat wrote:expand_more
Look what I just found on Facebook:

http://fb.fanatics.com/COLLEGE_Ohio_State_Buckeyes/on_sal...

Check out the "Lets Do It Ohio" shirts. I posted a comment "I like the Let's Do It Ohio" shirts - Go Bobcats

This looks pretty blatant to me - Who's calling the lawyers?


that doesn't say Let's Do it Ohio, it says Just Do It Ohio. That's an official Nike shirt with the Nike logo and trademark.
Monroe Slavin
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Posted: 10/1/2013 11:29 PM
Jim Phinney wrote:expand_more

If you go to an OSU game, you will find that the word Ohio by itself is used extremely often.  So, despite the trademark, it's going to happen.  Like the rest of you, this has bothered me for decades, but it's not going to change.  What we have to do, rather than be so obsessed with OSU, is to make sure we, ourselves, identify as Ohio.  We can't win (except for small victories like the trademark) a battle telling others that OSU is not Ohio.  Convincing students, employees, and alums of The Ohio University at we are Ohio is the battle we need to focus on.



Disagree.  We should make reasonable, but firm, efforts to oust the columbus use of OHIO.  We own it--literally.
bornacatfan
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Posted: 10/2/2013 8:29 AM
perimeterpost wrote:expand_more
that doesn't say Let's Do it Ohio, it says Just Do It Ohio. That's an official Nike shirt with the Nike logo and trademark.


THAT is the way to go. Lawyers need to put in a call to NIKE with a copy of the mandate in hand. Nike is the perfect company to make understand the trademark situation. THey have a room full of lawyers looking at trademark infringement on the swoosh and any other related iconic logo they own....... Get them to understand and you may make a dent in public perception regarding differentiation between OHIO and State going forward.
DayvidGallagher
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Posted: 10/2/2013 11:59 AM
In an effort to actually get some productivity out of this and not just message board banter - Who are the actual contacts we need to be riding about this?

Does the university have an in house legal team to handle these issues or do we just have a firm retained?

Who is the administrator that decides what projects this legal team works on?

In the event the university doesn't have the resources to commit to this who do we need to get authority from to get Alumni lawyers to legally represent the university pro bono?

I want names and email addresses here people  lets get someone motivated that can actually make a difference.
D.A.
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Posted: 10/2/2013 4:01 PM
http://www.ohio.edu/ohiotoday/fall99/departments/green/dispute.html


http://www.ohio.edu/ohiotoday/spring98/news/ohio.htm


http://articles.baltimoresun.com/1997-11-24/news/1997328065_1_ohio-university-ohio-state-registered-ohio


Some random info from past Post articles: (articles no longer active on their website)

OU not going to take logo battle lying down

OU filed a response today to Ohio State University's complaint to the U.S. Patent and Trademark Office concerning the use of the name "Ohio."

In December, Ohio State filed a "petition to cancel" OU's use of "Ohio," which has been registered with the Patent and Trademark Office since May 1995.

OU offered a written agreement recognizing OSU's use of the name in Ohio Stadium and the "Script Ohio" marching band formation, but it was rejected in November.

Ohio State claimed the name "Ohio" is confusing with "Ohio State." OU denied the charge and stated OU has used that name since 1876, two years before Ohio State changed from Ohio Agricultural and Mechanical College to Ohio State.

OU cited newspaper examples from the turn of the century that refer to "Ohio" playing "Ohio State" and a 1941 New York Times article that refers to "Ohio" playing in the NIT finals in New York City. 


Settlement reached in 'Ohio' legal fight

AP

COLUMBUS (AP) - Why, oh why, must they fight over ''Ohio''?

Ohio State University and Ohio University have settled their trademark dispute about the word ''Ohio,'' a fight involving millions of dollars from the sales of sweatshirts, hats and other paraphernalia.

Both schools confirmed the agreement yesterday and said attorneys were meeting to work out details. They declined to comment further until they issue a joint statement, which may not be released until early next week.

The Columbus Dispatch reported that Ohio University gets the trademark under the deal while Ohio State keeps some rights to the word ''Ohio'' in future marketing and merchandising.

Previous to this week's compromise, the debate over the rights to "Ohio" had drawn national attention .Earlier this school year, the battle was presented to a nationwide television audience on the NBC morning news program, Today.

Lawyers for the schools agreed Wednesday on a proposal worked out by the universities' presidents, old friends who have been handling the matter personally, the Dispatch reported.

Ohio University President Robert Glidden sent the proposal to OSU President William Kirwan on Monday following a meeting the two had last week.

Ohio University's trademark royalty revenue is about $100,000 a year, about half of which stems from items displaying the Ohio trademark.

Ohio State gets about $3 million a year in royalty income, but little of that is from merchandise with just Ohio on it, said Anne Chasser, OSU licensing director.

The Big Ten school has an enrollment of 55,000 and a large sports following, particularly for its nationally ranked football team and this year's basketball team, which went to the Final Four.

Ohio University is a smaller, Mid-American Conference school 65 miles southeast of Columbus in the Appalachian town of Athens.

Its enrollment is about 19,500.

In the early 1990s, Ohio University obtained a trademark registration for the word ''Ohio'' on uses such as athletic clothing.

Ohio State did not respond to the situation until it discovered in 1997 that its rights to such names as Ohio Stadium might technically be in jeopardy.

Ohio University said it would allow such uses to continue.

But Ohio State, concerned that the trademark might overly restrict its future uses of Ohio, challenged the registration.

The search for legal precedent consumed some researchers at both universities.

Ohio turned to the example of Oklahoma and Oklahoma State, where the trademark on that word was denied to OSU and granted to Oklahoma.

The schools' legal affairs and public relations offices began a high-profile fight in December 1997. That's when Ohio State sent its objections to the U.S. Patent and Trademark Office over Ohio University's exclusive right to the word.

Their dispute was headed for the Trademark Trial and Appeal Board in Washington, until the universities' leaders reached the settlement. 

 

Last Edited: 10/2/2013 4:02:00 PM by D.A.
D.A.
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Posted: 10/2/2013 4:03 PM
Another article from The Post:
 

The Microsoft of universities
Jennifer E. Wilson
THE POST

 

     The Microsoft Corp. has recently been accused of building a monopoly with Internet Explorer software. Ohio State University can be accused of the same monopoly tactics with the name "Ohio."

     In response to the article "OU, OSU battle over use of 'Ohio' on T-shirts, uniforms," Oct. 22, I find it difficult to understand why OSU is protesting OU's use of the name "Ohio." OSU already has exclusive rights to the name "Ohio State." Why does it want the name "Ohio" too?

     Maybe the Buckeyes are just insecure. Maybe they see that OU is beginning to get some attention and are scared they can't compete. Maybe they think the best way to beat the competition is to steal its name and identity until no one can tell which is which.

     Maybe they just know how great OU is and, instead of letting us have our own greatness, they want to steal it for themselves.

     Ohio State Athletics Director Andy Geiger says he doesn't understand the concept of one institution owning the name "Ohio." What is so difficult to understand? Ohio State will call itself "Ohio State," and OU will call itself "Ohio." How difficult can that be?

     Of course, if Geiger is so obsessed with having both names to himself, the only thing he is able to understand is his own selfishness. If he were able to think rationally and see the whole picture, then he would understand that he should be happy with his school's identity, and he should allow us to have our identity.

     Geiger also says OSU would promise never to use the name "Ohio" in green and white, and we, in turn, would promise not to use "Ohio" in scarlet and gray. Wow, how generous it is of him to at least let us keep our colors. Does he think that promise will appease us? Does he think he can make a simple promise like that to keep us quiet? Geiger might be able to treat a child that way, but we are not children, and we will not go away.

     Geiger says both OU and OSU have great traditions of being in Ohio. We have been Ohio University since 1804, and OSU was chartered Ohio A&M 60 years later. If he really understood tradition, he would not even consider trying to impede on something that has been ours for nearly 200 years. Identity and tradition are important to any university, and surely OSU must hold its tradition near and dear. So do we. Mr. Geiger must realize that if we don't fight for our name, then we stand to compromise our tradition and identity.

     Former OU President Vernon Alden set about forth to make OU's name known. Now, we must continue to fight for what he and others before us have done to carve out our place in the world. By trying to take our name, OSU is treading too close to that place. They are getting too close to the place we call home: OU.

     I have no doubt we can band together and beat the big guys to the north. Geiger says OSU will not back down from this. If he thinks we are going to back down, I believe he is in for a bit of a rude awakening. After all, his school's name isn't at stake. No one is threatening to monopolize his school's name. Other schools are too considerate of other universities' rights to even think about it.

     Ohio State isn't proving anything by this monopoly attempt except how pompous it is. It is already one of the largest universities in the country. What more do the Buckeyes want? It seems that in order to prove their mightiness, they have to bulldoze the little guys out of the way.

     When OU Director of Legal Affairs John Burns meets with OSU attorneys, I hope he can appeal to their rational side, if they have one. If he can't, and OSU still wants to monopolize the name "Ohio," maybe we should give them a new suggestion. How about if they call themselves "Microsoft University"? After all, that's what they're becoming. 

 
 
D.A.
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Posted: 10/2/2013 4:07 PM
Sorry Ted and Mods for sucking up precious space, but another article referencing the trademark dispute, also no longer active on the web:

Five reasons every Ohio student should root against Ohio State

This Saturday, the Ohio Bobcats will make the short drive up Route-33 to take on the No. 2 team in the nation, the Ohio State Buckeyes. As shocking to the outsider as it may seem, and despite their school affiliation, not all Ohio students plan on pulling for the upset.

In an effort to turn Athens green this weekend and expose the fallacies behind rooting against one’s alma mater, here are the top five reasons that every Bobcat should be dreaming of a shocking victory.Despite his misleading and obviously confusing jersey, sprinting great Jesse Owens actually attended Ohio State.

-Your school selection: From the moment that a student signs his or her admission letter to Ohio University, he or she is bound for life to the school, for better or for worse. A college choice is almost akin to a marriage; whether you grow to love it or hate it, you are tied to your university forever. All previous rooting engagements pale in comparison to the bond created with the university one chooses to attend.

Though this may seem like an obvious reason to root for the Bobcats, but breaking up is apparently hard to do for those who grew up rooting for the Buckeyes. The issue of whether one can be a fan of both is a debate for another day, but the battle lines, at the very least, should be drawn on Saturday.

When the childhood Buckeye fan became a Bobcat, a decision was made by either the fan or the university they root for on the football field. Either the fan decided that they didn’t love OSU enough to attend the school, or the university decided that they didn’t love the fan enough to let them in. Allegiances for this Saturday’s showdown were created at this seminal moment in a student’s life.

The argument that an Ohio student can root for the Buckeyes and still love Ohio, just not its sports teams, is an insult to their fellow students who don the Green and White on the field. Bobcat athletes live in the same dorms, take some of the same classes and are molded just as much by their time in Athens as the average student.

They compete at the same level, the Division I Bowl Subdivision, as their more famous opponents and pour out just as much sweat and blood in preparation. Ohio Bobcats football may lack the glamour and flash of the Ohio State powerhouse, but they carry our flag. If an Ohio University student loves the University, they will be cheering on their fellow Bobcats to the final whistle on Saturday.

-The biggest win in school history: A common chorus for those who will be rooting on the red side of the Horseshoe this weekend is that they are pulling for the Buckeyes because they are in the national title hunt, a feat that the Bobcats cannot pull off even with this signature victory. The counter-argument lies in the fact that if Ohio prevails, it will be the biggest victory in the history of the program.

Even if Ohio State goes on to win the national title it would still be one of eight. An upset, no matter how unlikely, would be the greatest moment in the century-plus history of Ohio Bobcats football, period.

Mark Parsons’ punt return fumble–with the Bobcats up by two with seconds left in the 3th quarter–turned the tide in the 2008 thriller between the two schools. Only a quarter and a few seconds separated Ohio from that aforementioned greatest win two years ago, and it would only make a win this year that much more significant

-The Eagleson Bill: At the turn of the 20th century, the two previously founded universities in the state–Ohio University and Miami University–were enmeshed in a power struggle with a newcomer, Ohio State University, that was chartered in 1870 as the Ohio Mechanical and Agricultural College.

Of seminal importance during this period was Rutherford B. Hayes. Hayes was a founder of Ohio State University as a governor, and after returning to Ohio after his one term as President of the United States, used his political influence to lobby on behalf of greater power for OSU. The debate came to a head in 1906 when a controversial bill handed the new kid on the block an advantage.

Despite heavy protest from the previously founded and more well-established state universities, the Eagleson Bill was passed. The bill mandated that only Ohio State among state universities was legally allowed to offer doctoral education or conduct basic research. The bill formally and legally locked in Ohio State’s status as the state’s leading institution and left the others to fight over scraps.

Even though the schools had similar enrollment, OSU was significantly handed the golden ticket to the Big Ten Conference six years later instead of the other major state competitors, Ohio and Miami.

“The Big Ten Conference is comprised of world-class academic institutions who share a common mission of research, graduate, professional and undergraduate teaching and public service,” says a mission statement on the conference’s website.

The Eagleson Bill meant that, through law, only OSU could meet the necessary criteria needed to enter the conference. The boost to one of the premier collegiate conferences put them on the path to success and left their rivals to join the less famous Mid-American Conference a few decades later.

-The 89-year in-state drought: The Oberlin College Yeomen were the last in-state opponent to beat the Buckeyes, winning 7-6 way back in 1921. To put that in perspective, the United States agreed to a peace treaty with Germany to put an end to World War 1 less than two months before that game.

Ohio State decided not to risk losing its luster again following the loss, avoiding in-state teams and thus making very few rivals within the borders of Ohio. The Buckeyes have faced the other majors colleges in the state–Akron, Bowling Green, Cincinnati, Kent State, Miami, Ohio, and Toledo–only 18 times since that date, and none before 1990.

As a result, the Buckeyes were able to maintain their facade as the only legitimate football team in the state and all but ignoring its rivals as insignificant.

-Ohio State’s identity crisis: At some point since its existence, Ohio State decided to buck the trend of every other similarly named state school in America by dropping the “State” suffix to its name and ignoring the already established school named Ohio.

Imagine the confusion in Ann Arbor and East Lansing if the Spartan band spelled out, simply, “Michigan” in the build-up to their rivalry game. More to the point, because one is a major-conference team and one a small-conference school, there would be still be significantly backlash from Philadelphia if Penn State all of sudden decided to refer to themselves as “Penn” or “Pennsylvania.”

Ohio Stadium, Script Ohio, “O-H”…”I-O,” the block O, the famous Jesse Owens picture above (if you understandably thought he was an often overlooked Bobcat alum, you were wrong), the “OHIO” group pose, the Ohio chant during the chorus to “Hang on Sloopy,” you get the idea.

OSU’s attempt to claim the Ohio name as its own, despite the pesky fact that a university bearing that name was founded more than a half century before it and had a proud history in its own right is not a recent trend. In 1917, the school attempted to change its name to the “University of Ohio,” though no other state in the union had ever given two of its schools such similar and confusing monikers. Its request was denied by the state legislature, but that hasn’t stopped them from continually running away from that persistent “State” tag.

“Ohio State is interested in being Ohio State University and Ohio University,” said former Ohio athletic director Tom Boeh said in an article from the Post in 1997 detailing the tension between the naming rights. “I think it’s odd as heck that they want to have both names. But I think they think we’re not relevant enough to bear the name of the state.”

His last point is the one that should most irk the Bobcats, and rightfully so. The Buckeyes insistence that they are The Ohio State University–ignoring the numerous other Ohio state institutions–shows that Boeh may not be far off in his guess behind OSU’s motivation.

Saturday is the Bobcats’ grand chance, its shot to assert its relevance on the national football stage and to show who Ohio is to the entire country. If all Ohio students can’t get behind that idea, its hard to imagine what they would ever root for.

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Posted: 10/2/2013 9:00 PM
DayvidGallagher wrote:expand_more
In an effort to actually get some productivity out of this and not just message board banter - Who are the actual contacts we need to be riding about this?

Does the university have an in house legal team to handle these issues or do we just have a firm retained?

Who is the administrator that decides what projects this legal team works on?

In the event the university doesn't have the resources to commit to this who do we need to get authority from to get Alumni lawyers to legally represent the university pro bono?

I want names and email addresses here people  lets get someone motivated that can actually make a difference.


mcdavis@ohio.edu
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Posted: 10/2/2013 9:38 PM
AEP has been running this spot.  Check out the pennant above the fridge.
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Posted: 10/3/2013 1:48 AM
We need to raise some awareness on this. Editorials, emails to McDavis and the Board of Trustees, actively policing O$U's name stealing on the internet, etc.

Collectively, we may at least be able to get folks thinking about this. Because it is an important (and somewhat bizarre) issue that is being overlooked. As has been mentioned, swap in any other combination (Oregon/Oregon State, Mississippi/Mississippi State, Iowa/Iowa State) and the analogies seem silly.
Pataskala
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Posted: 10/3/2013 6:54 AM
catfan28 wrote:expand_more
We need to raise some awareness on this. Editorials, emails to McDavis and the Board of Trustees, actively policing O$U's name stealing on the internet, etc.

Collectively, we may at least be able to get folks thinking about this. Because it is an important (and somewhat bizarre) issue that is being overlooked. As has been mentioned, swap in any other combination (Oregon/Oregon State, Mississippi/Mississippi State, Iowa/Iowa State) and the analogies seem silly.


I think there are only two other states where this might be an issue because the school with "State" in the name is larger and is more recognized for its sports:  Pennsylvania and Louisiana.  In all the other states, either both are considered to be equals or the "State" school is smaller.  But I've never heard Penn State try to use just "Penn" or LSU be called "Louisiana."
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Posted: 10/3/2013 8:18 AM
The closest analogy that I'm aware of is the University of North Carolina trying to get exclusive use of the word "Carolina" as a reference to their school.  I'm not sure if they still do it, but the University of South Carolina had for a number of years just "Carolina" on their football jerseys.  
Last Edited: 10/3/2013 8:19:28 AM by OhioCatFan
DelBobcat
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Posted: 10/3/2013 9:45 AM
Pataskala wrote:expand_more
We need to raise some awareness on this. Editorials, emails to McDavis and the Board of Trustees, actively policing O$U's name stealing on the internet, etc.

Collectively, we may at least be able to get folks thinking about this. Because it is an important (and somewhat bizarre) issue that is being overlooked. As has been mentioned, swap in any other combination (Oregon/Oregon State, Mississippi/Mississippi State, Iowa/Iowa State) and the analogies seem silly.


I think there are only two other states where this might be an issue because the school with "State" in the name is larger and is more recognized for its sports:  Pennsylvania and Louisiana.  In all the other states, either both are considered to be equals or the "State" school is smaller.  But I've never heard Penn State try to use just "Penn" or LSU be called "Louisiana."

One distinction is that Penn is a private university and not a state institution. I live in the same neighborhood as Penn, have many friends that work there, and am dating an alum--and I can tell you they generally don't care about anything that Penn State is doing. Penn State might as well be in a different state, or on the other side of the world. There's definitely some Ivy League pretentiousness. 

Last Edited: 10/3/2013 9:46:44 AM by DelBobcat
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