Come on Mizzou - Left Field Lounge

[Dawgs'n'Grizz]

https://twitter.com/MizzouBaseball/status/819304367572611072

Got to love the creativity here. On a serious note, is there any trademark/copyright issue we may pursue on this or does Athletics just not worry about it?

 

[aTotal360]

Did no one in Missouri's ath dept realized we probably trademarked that? I have a hunch on happened and it happens a lot. I bet they outsourced every part of this to an agency. The people at the agency have no clue about it because they aren't big sports people. It got signed off on by someone that is clueless and here we are.

 

[mh715328]

Unless the phrase is a federally registered trademark with the ® after it, i don't think we can do much about it. Looking at the MSU word marks/brand identity page (link here), it looks like Left Field Lounge is not a federally registered trademark.

 

[missouridawg]

Sorry, my creativity was off that day.

 

[J-Dawg]

Their baseball media contact was all over Twitter last night defending it.... saying "we didn't even think about that" re: our LFL. Like he wasn't that worried about it, even though we do have it trademarked.

 

[KurtRambis4]

Who cares. It's Missouri.

Let them have their fun.

 

[Wizard.sixpack]

Mississippi State is strict on that type of S$*% I bet you it gets changed.

 

[Shamoan]

i think the club part is the loophole. hopefully, our lawyers on retainer earn some pay.

 

[jb1020]

Wish I could buy a ticket to sit in our LFL.

 

[MarkDallas]

SixPack and Rosebowl are all over it on Twitter.

 

[HotMop]

https://pbs.twimg.com/media/C18UxorUQAAK4Nl.jpg:large

 

[Dawgzilla]

A trademark does not have to be registered to be enforceable. Registration is usually preferable because it provides certain litigation advantages, but in a case like this those advantages are totally unnecessary. MSU clearly has priority in the trademark, has been using the trademark for decades, and can easily bring the case in federal court, so there really isn't much else the registration would provide. Further, since Mizzou is in the SEC, I don't think they can claim they were unaware of MSU's prior use.

However, even if the mark were registered, MSU still has to prove a likelihood of confusion among consumers regarding the source, sponsorship, or origin of Mizzou's services, or some type of affiliation with MSU, or an approval by MSU of the use of the mark.

With respect to the stadium itself and ticket sells, Mizzou would say that no consumer is likely to be confused. If you are in their stadium, you will know that you are not in Starkville. If you buy tickets from Mizzou, you will know that the seats are not somehow sponsored by MSU. And their club area appears to be the polar opposite of our LFL, so that no one would think they had copied anything other than the name.

It is possible that MSU alums could be confused by advertisements to tickets to Mizzou games in the "Left Field Lounge Club" and think they were buying tickets associated with an MSU baseball event, but I don't know how likely that is.

OTOH, if they are going to promote their Left Field Lounge Club on any type of merchandise then there is a bigger problem. It all depends on how they intend to market it.

eta: MSU could also argue that "Left Field Lounge" is a famous enough mark that it deserves protection from dilution, and then it wouldn't matter if the mark were actually infringed. I'm not convinced that LFL would qualify as a famous mark, but in college baseball circles it just might.

I certainly think MSU should raise the issue with them, and I think they should change the name to just "Left Field Club" or something like that. If Cohen calls me, I'll do the work for free a substantial discount.

 

[AssEndDawg]

Wow, they sure are sensitive. I did a few tweets with the [FONT=Arial, sans-serif]#[/FONT]NewMizzouTraditions hashtag and they blocked me from their athletic department Twitter. Apparently Ross Bjork has been teaching Social Media classes....

 

[MaroonNation]

The douchebags at TAMU trademark everything that applies to their athletics. Seattle had to stop using 12th man. They also trademarked Johnny Football and Kenny Trill till that exploded in their face. All that is to say I am sure we won't enforce it, Mizzou ends up trademarking it and sues us for using it.

 

[AssEndDawg]

i think the club part is the loophole. hopefully, our lawyers on retainer earn some pay.

Actually no, that's not how it works. With the trademark in place it would be difficult for another college sports team to use those words and win the lawsuit. Now, the chance of us winning gets better the closer you get to "causing confusion": both are college sports teams (we probably win right there), both are "Division 1A" or whatever we call it now, both are in the SEC, both are related to baseball... I can't see any chance we wouldn't win a lawsuit if one was filed. I'm no lawyer, but I do work with our outside firm on trademark stuff from time to time.

 

[moturfdog]

That is pretty caviler of Mizzou to blow off a trade mark issue, when just a few years back they went after a small high school in Greenbrier, Ark for logo infringement. Yes Greenbrier did have the same tiger, but it was red and black.

 

[Dawgzilla]

I think we all need a safe space to protect us from this outrage!

 

[esplanade91]

Unless the phrase is a federally registered trademark with the ® after it, i don't think we can do much about it. Looking at the MSU word marks/brand identity page (link here), it looks like Left Field Lounge is not a federally registered trademark.

Mississippi State let the Left Field Lounge trademark expire in 2015, so the point is moot regardless. Glaring omission by Scott Stricklin.

 

[Dawgzilla]

I think you are mistaken.

The only application I can locate for "Left Field Lounge" was filed by GoldOne Enterprises from Starkville for the use on articles of clothing. I don't know who Goldone Enterprises is, but the mark was not filed by MSU or the Athletic department. Registration was denied for being too similar to a registered mark for "Left Field Cards" used on articles of clothing. If MSU were trying to register the mark, they would not have limited the registration to clothing, and they would have fought like hell to distinguish the mark from "Left Field Cards".

 

[Wizard.sixpack]

Holy crap they could rack up on violations in Mississippi then because I have seen at least 4 high schools in Mississippi that use the Tiger.

 

[esplanade91]

https://trademarks.justia.com/862/54/left-field-86254078.html

 

[HotMop]

I'm sure Cohen will be able to handle this.

 

[Dawgzilla]

That is the application I was referencing. NOt sure the link will work, but there is more info available at USPTO.gov

http://tsdr.uspto.gov/#caseNumber=8...&caseType=SERIAL_NO&searchType=documentSearch

 

[notoriousD_O_G]

Holy crap they could rack up on violations in Mississippi then because I have seen at least 4 high schools in Mississippi that use the Tiger.

Yep pretty sure Hernando uses it

 

[Shamoan]

time for a cohen and grantham ROAD TRIP!!!!

 

[engie]

Outside of terminology -- this is a good move on their part. Interested to see what it will look like for them/how they execute it. I've always thought a stepped covered awning with space heaters is the way to go up there. No one cares about baseball there. The way to get them to the game is to make it a social gathering with alcohol and co-eds involved -- and get it out of the cold as best you can.

 

[DesotoCountyDawg]

Yes Hernando does use it.

 

[bulldogcountry1]

Holy crap they could rack up on violations in Mississippi then because I have seen at least 4 high schools in Mississippi that use the Tiger.

I bet at least half the high schools in MS directly rip off some college or pro logo.

 

[Shooter McGavin.sixpack]

I doubt it is possible, but I wish the administration could come up with a way to make that happen.

 

[DerHntr]

Luckily their left field lounge will be concrete and built by a company rather than the fans themselves. It will never have the look and feel of our new concrete left field lounge in a year or so.

/trolling

 

[Maroonandwhite]

Wouldn't it be ironic if Missouri sought protection of the name?

 

[Maroonandwhite]

That is pretty caviler of Mizzou to blow off a trade mark issue, when just a few years back they went after a small high school in Greenbrier, Ark for logo infringement. Yes Greenbrier did have the same tiger, but it was red and black.

I've lived in the area for about 20 years. I'm pretty sure you've confused Greenbrier with somewhere else. They've been blue & white and panthers for far more than twenty years.

 

[moturfdog]

You sir are correct, I should have checked my facts more closely. Green Forest is the school I should have referred to.

 

[Shamoan]

well, nc state infringed the **** out of "this is our state" TM

lol...

hell, the more i look, the more i find...

 

[RocketDawg]

Didn't the University of Iowa sue some high school in south Mississippi over the use of their eagle logo? **

 

[thekimmer]

Imitation is the sincerest form of flattery.

Yes it's unimaginative (lazy even) mimicry but I guess I get a little jaded about the culture nowadays of copyrighting or registering every name, saying, sound, and squiggle under the sun then lawyering up when anyone even looks sideways at them. If they want to have a left field lounge more power to em I say.

I guess its a good thing for UF that they stole the 'chomp' from us when they did. We'd sue the pants off of them today!

 

[mstateglfr]

hawk
eagle

bulldog
poodle


either way.

 

[Dawgzilla]

There is a serious question of infringement there, though. If you are driving through North Carolina and you see a sign saying "This is Our State"....are you really going to think that Mississippi State is advertising in North Carolina? Are you going to be more inclined to support NC State because you think they are somehow associated with MSU? It's possible someone could be confused that way, but is it likely?

 

[EurekaDog]

Would they be upset if we started pronouncing/slurring "MSU" as "Mizzou" ?

We should call them, "Copy Cats". (Yeah, it's a bad pun)

 

[Shamoan]

no idea...but what is the point of trademarking something if anyone can use it? i guess i dont understand the legality of it all and dont pretend to, as "MSU" "STATE" and "Bulldogs" are all trademarked, but what exactly does trademarking something like that mean? obviously michigan state, several state schools, and georgetown/georgia/fresno state etc, use those trademarks listed in the link above, so why TM something that others use? what is the point? genuinely curious because i have no idea.... and as a second question, how could we legitimately protect names and identifiers synonymous only to mississippi state at their inception (LFL, hailstate, this is our state, etc...)?