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Old Dog
10-20-2011, 08:49 AM
http://rivals.yahoo.com/highschool/blog/prep_rally/post/Notre-Dame-sues-tornado-ravaged-school-for-use-o?urn=highschool-wp7383

In 2008, Chapman High School in Kansas was nearly completely demolished by a massive tornado that tore through the town. In all, some 80 percent of the school was knocked down.
Now, the school is under attack from a less natural threat: the University of Notre Dame. According to the Associated Press, Notre Dame officials are forcing Chapman to stop using the school's popular Fighting Irish mascot. It turns out that Chapman has used the same, curled fisted leprechaun mascot as Notre Dame since 1967, but the college was apparently unaware of the similarities between the two until seeing the Chapman mascot on the school's web site this summer.
According to Chapman High principal Kevin Suther, the school received a legal letter from the Notre Dame insisting that the school change its mascot, citing Notre Dame's need to enforce its copyright protection of the logo. To be fair, if Notre Dame and other schools don't protect their logo when they find other schools impinging on it, they can have a harder time protecting it later if a corporation tried to use it.
Of course, there are middle grounds that Notre Dame could have taken, such as letting Chapman continue to use the logo for a small, nominal annual fee, as Florida State temporarily did with Florida schools in 2010. That's not the case with Notre Dame and Chapman, which will be allowed to continue calling its athletic teams the Fighting Irish, but will not use the bearded mascot more typically associated with the South Bend, Indiana college.
"Well when you get a letter from Notre Dame it gets your attention," Suther told Kansas CBS affiliate KWCH.
The school's solution was to hold a public contest to pick a new mascot, which should conclude in time to unveil the new selection at the start of the boys basketball season. Still, the school will have to alter any uniforms or facilities that bear the university's trademarked leprechaun mascot so that they aren't in violation of the college's rights.
Considering the fact that the new, post-tornado renovated high school has only been open since January 2011, those renovations would have to be made much sooner than would have otherwise been necessary.
Despite all that, Suther insisted there was no consideration of the school not being the Fighting Irish at any point in the future.
"For anything like stationary and school uniforms as long as its Chapman Fighting Irish, we are still the Fighting Irish," the principal told KWCH.

jspchief
10-20-2011, 08:56 AM
Companies have a legal obligation to protect their Copyrights. Failure to do so can potentially void their ability to hold the copyright.

Valiant
10-20-2011, 09:10 AM
Meh. Just rework the mascot.

Jenson71
10-20-2011, 09:18 AM
I would expect an owner of intellectual property to protect his ownership of intellectual property. There's no logical reason that a group can upend legitimate property legal rights just because they were hit by a tornado several years ago.

I suspect the writer or editor is a Michigan sports fan.

Fish
10-20-2011, 09:20 AM
I like how they try to pull at your heart strings by beginning the article with mention of the tornado that happened over 3 years ago... Like that should make a difference in a copyright infringement situation...

RockChalk
10-20-2011, 09:31 AM
I like how they try to pull at your heart strings by beginning the article with mention of the tornado that happened over 3 years ago... Like that should make a difference in a copyright infringement situation...

They do that for the bleeding-heart types who will side with the high school.

Old Dog
10-20-2011, 09:43 AM
I'm not professing that the school is right to have been using the mascot for 40 years, or even that it's not well within the rights of Notre Dame to say change it or else, but it seems odd to me that they couldn't at least work with the school to say if you want to continue to use it, you're going to have to pay for its use.

Demonpenz
10-20-2011, 09:46 AM
FEAR THE DOME BABY

dtrain
10-20-2011, 09:49 AM
Most places let you use the image for like a dollar a year. Dunbar High School in Ft. Worth uses the power cat and that's what they pay to Kstate.

Jenson71
10-20-2011, 09:50 AM
Most places let you use the image for like a dollar a year. Dunbar High School in Ft. Worth uses the power cat and that's what they pay to Kstate.

Interesting. My initial thought was . . .

I'm not professing that the school is right to have been using the mascot for 40 years, or even that it's not well within the rights of Notre Dame to say change it or else, but it seems odd to me that they couldn't at least work with the school to say if you want to continue to use it, you're going to have to pay for its use.

The high school would be stupid to pay for that. High schools are generally strapped for money, and their product image isn't worth protecting by paying a fee for its mascot use.

SuperChief
10-20-2011, 09:51 AM
FUCK CHAPMAN.

(said by a faithful Abilene alumnus)

Old Dog
10-20-2011, 09:59 AM
FUCK CHAPMAN.

(said by a faithful Abilene alumnus)

LOL, ya'll certainly did last week, of course I don't believe Chapman has won a game all year. The Cowboys have looked pretty good all year (7-0) and though I believe it will be a good game, should get past Hesston this week at home and then noe have any trouble with Smoky Valley prior to the playoffs.

Cave Johnson
10-20-2011, 10:00 AM
Pretty terrible PR decision for Notre Dame. Just last year the football program sent a kid up in a rickey-ass tower in 60 MPH winds.

<object width="640" height="360"><param name="movie" value="http://www.youtube.com/v/s3bQcE9cevE&hl=en_US&feature=player_embedded&version=3"></param><param name="allowFullScreen" value="true"></param><param name="allowScriptAccess" value="always"></param><embed src="http://www.youtube.com/v/s3bQcE9cevE&hl=en_US&feature=player_embedded&version=3" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="640" height="360"></embed></object>

jd1020
10-20-2011, 10:02 AM
Nothing in the video said ND put him in that tower.

buddha
10-20-2011, 10:03 AM
Notre Dame could have done this with a little less corporate edge.

jspchief
10-20-2011, 10:06 AM
Notre Dame could have done this with a little less corporate edge.Ya, they should have sent a handwritten note on flowery stationery along with a fruit basket.


Anyone thinks this is the first college to enforce mascot copyright is ignorant of the ways of copyrights.

Frazod
10-20-2011, 10:07 AM
I don't know if they still exist, but back in the 90s there was a semi-pro football team called the Lake County Chiefs (Lake County, Illinois, north of Chicago) - they used Kansas City-style uniforms, helmets, everything, the only difference being an "L" instead of a "K" in the logo. They requested and obtained permission from the Chiefs to do so, and IIRC the Chiefs didn't charge them anything.

It's not like Notre Dame has to be douchy about this - it's a fucking high school in Kansas.

RockChalk
10-20-2011, 10:08 AM
Notre Dame could have done this with a little less corporate edge.

Agreed. But unfortunately it's how most of the big boys (universities/corporations/etc) play these days.

Cave Johnson
10-20-2011, 10:08 AM
Nothing in the video said ND put him in that tower.

You think this was a volunteer position, that he recorded football practices for fun in his own personal scissor lift???

And there's this.

The most common warning on scissor lifts is about using them in high winds. The South Bend Tribune spoke to one manufacturer who says they shouldn't be raised if winds exceed 25 mph. Yesterday, they were twice that.

The people who make the lifts knew Sullivan shouldn't have been up there, and so did Sullivan. The most heartbreaking aspect of the story is the content of Sullivan's two Tweets that afternoon.

Less than an hour after his second Tweet, the lift blew over. Stationed beyond the uprights, it crashed through the chain link fence on the edge of the field and crashed into the street. Sullivan was taken to the hospital, and died there. Practice continued for 25 more minutes.

http://deadspin.com/5675694/prelude-to-a-tragedy-how-a-notre-dame-student-died-and-why-he-shouldnt-have

jspchief
10-20-2011, 10:22 AM
You think this was a volunteer position, that he recorded football practices for fun in his own personal scissor lift???

And there's this.



http://deadspin.com/5675694/prelude-to-a-tragedy-how-a-notre-dame-student-died-and-why-he-shouldnt-haveTo claim the football department, and by default the university in general should have put a higher priority on workplace safety is reasonable. But I'm not sure how that is supposed to weigh in their decision to enforce copyright protection practices.

But by your own link, Sullivan knew he shouldn't be up there. Then why did he agree to go up? Saying "I'm going to die doing this" while you proceed to do it suggests a degree of personal negligence.

Setsuna
10-20-2011, 10:28 AM
LOL! They aren't winning sh*t and have to resort to this to get media attention during the week. So pathetic. They need to win games.

DJ's left nut
10-20-2011, 10:30 AM
{looks at picture}

Well no shit!

Protect that thing or you lose it. Tornado or not, that's a direct ripoff of a billion dollar piece of intellectual property. I'm pretty sure you don't want to end up facing a 'waiver' argument when some college apparel company points out that you let a HS use your image unchecked.

Jesus - grow up children. Notre Dame is absolutely in the right here.

mikeyis4dcats.
10-20-2011, 10:32 AM
Most places let you use the image for like a dollar a year. Dunbar High School in Ft. Worth uses the power cat and that's what they pay to Kstate.

KSU does that, but it is not the norm. Most fight to protect their marks, rightfully so.

mikeyis4dcats.
10-20-2011, 10:33 AM
LOL! They aren't winning sh*t and have to resort to this to get media attention during the week. So pathetic. They need to win games.

yeah, I'm sure ND sent out a press release, dumbass.

Cave Johnson
10-20-2011, 10:34 AM
To claim the football department, and by default the university in general should have put a higher priority on workplace safety is reasonable. But I'm not sure how that is supposed to weigh in their decision to enforce copyright protection practices.

But by your own link, Sullivan knew he shouldn't be up there. Then why did he agree to go up? Saying "I'm going to die doing this" while you proceed to do it suggests a degree of personal negligence.

There's a lawsuit pending. Ergo, ND might want to avoid treating a tornado-ravaged town in a callous manner.

A degree, sure. But one analysis I read suggested they're looking at least 80% comparative fault.

JohninGpt
10-20-2011, 10:36 AM
Tulsa Union pays, and by pays I mean wastes, a lot of money to the University of Miami to use this:
http://images.maxpreps.com.edgesuite.net/Mascot/AAAAAAAAAAAAAAAAAAAAAA/YEjs4o4cT0OLLRkGm2HSYw/2,77/redskins_union.gif

Upon further review, they pay $1000 per year. Not much when you're Tulsa Union.

DJ's left nut
10-20-2011, 10:36 AM
LOL! They aren't winning sh*t and have to resort to this to get media attention during the week. So pathetic. They need to win games.

Uh...Notre Dame is 4-2 and has knocked off 15th ranked Michigan State this year. They've actually been quite good since Tommy Rees (a true Sophomore) took over at Quarterback.

jspchief
10-20-2011, 10:44 AM
There's a lawsuit pending. Ergo, ND might want to avoid treating a tornado-ravaged town in a callous manner. Callous in what way? They sent a letter telling the school to stop infringing on their copyright. They don't need to say pretty please. It's a simple legal matter that they handled in a simple legal manner.

A degree, sure. But one analysis I read suggested they're looking at least 80% comparative fault.Of course. It's the way employer responsibility works in safety issues.

If Joe looks at a piece of machinery at the factory he works in, determines it will amputate his hands if he puts them in there, and then proceeds to put them in and get his hands amputated, he's still a dumbass, even though the factory will get raped by OSHA and likely sued, for not having the proper guarding in place.

Bearcat
10-20-2011, 11:32 AM
Tulsa Union pays, and by pays I mean wastes, a lot of money to the University of Miami to use this:
http://images.maxpreps.com.edgesuite.net/Mascot/AAAAAAAAAAAAAAAAAAAAAA/YEjs4o4cT0OLLRkGm2HSYw/2,77/redskins_union.gif

Upon further review, they pay $1000 per year. Not much when you're Tulsa Union.

Miami asked UNO to stop using their logo.... it's exactly like Miami's U, except for the colors and the letter used...

http://necreative.typepad.com/photos/uncategorized/2008/04/21/unovsmiami.jpg

Swanman
10-20-2011, 11:43 AM
There's a lawsuit pending. Ergo, ND might want to avoid treating a tornado-ravaged town in a callous manner.

A degree, sure. But one analysis I read suggested they're looking at least 80% comparative fault.

ND shouldn't have even been outside that day practicing, and Kelly should have told the kid to stay off of the scissor lift. The problem is, if you give the kid a choice, he is going to go up there because those volunteers live to serve the ND program and treat it as a huge honor.

And about the use of the copyrighted image, I doubt the school is making huge dime off of it and I guarantee ND is not fiscally hurt by it. I can understand enforcing the copyright but just have the school fork over a couple bucks and be done with it. Even though ND is legally in the right to pursue this, they just end up looking like bullies if they go too far with it, and their image isn't exactly stellar right now.

mikeyis4dcats.
10-20-2011, 11:52 AM
Miami asked UNO to stop using their logo.... it's exactly like Miami's U, except for the colors and the letter used...

http://necreative.typepad.com/photos/uncategorized/2008/04/21/unovsmiami.jpg

Wisconsin sued and forced Washburn University in Topeka to stop using it's old logo. They were close, but not identical as well.

http://www.logodesignworks.com/blog/uw-washburn-university-fighting-over-w-logos

whoman69
10-20-2011, 02:44 PM
I don't blame ND for protecting their property, I do blame them for having the first step being to lawyer up. A phone call from the administration to the school would have been better and a situation avoided that even though they are in the right, they look bad in doing so.

Chocolate Hog
10-20-2011, 02:51 PM
This isn't a big deal.

mikeyis4dcats.
10-21-2011, 09:17 AM
I don't blame ND for protecting their property, I do blame them for having the first step being to lawyer up. A phone call from the administration to the school would have been better and a situation avoided that even though they are in the right, they look bad in doing so.

and do you know that this wasn't the first step?