Maryland Flag Colors Usage?

[fairboy15]

Hi I own a small clothing company and we would like to use the maryland flag colors/shapes in one of our items. Additionally, we also use the line "Fear the Turtle" in the product.

Can the University of Maryland sue us? Based on my research they don't seem to have 1) the colors trademarked nor 2) the slogan "Fear The Turtle" , is this true and does that mean I can still use them?

Thanks for your help

 

[drruthless]

Hi I own a small clothing company and we would like to use the maryland flag colors/shapes in one of our items. Additionally, we also use the line "Fear the Turtle" in the product.

Can the University of Maryland sue us? Based on my research they don't seem to have 1) the colors trademarked nor 2) the slogan "Fear The Turtle" , is this true and does that mean I can still use them?

Thanks for your help

What did University of Maryland say when you called them with those questions ?

..______________________________
~
Diligence is a very great help,
even to a mediocre intelligence. ~ Seneca

 

[quincy]

Hi I own a small clothing company and we would like to use the maryland flag colors/shapes in one of our items. Additionally, we also use the line "Fear the Turtle" in the product.

Can the University of Maryland sue us? Based on my research they don't seem to have 1) the colors trademarked nor 2) the slogan "Fear The Turtle" , is this true and does that mean I can still use them?

Thanks for your help

Universities are very protective of their intellectual property rights, which include university names, colors and slogans. Anything that implies a connection with or endorsement by the University of Maryland can result in you receiving a cease and desist letter and a lawsuit (this whether a suit has merit or not).

Your belief that the University of Maryland colors are not trademarked and that the slogan "Fear the Turtle" is not trademarked is incorrect. These are rights-protected and require the permission of the University before using them on your own products.

Here is a link to the University of Maryland Trademark Licensing site, with information on licensing and how to obtain permission to use University of Maryland material for your commercial products:

http://www.trademarks.umd.edu/marks

Good luck.

 

[FlyingRon]

Let me tell you that most of the NCAA schools are very aggressive about protecting their trademarks. You can find information on Maryland's marks here: http://www.trademarks.umd.edu/marks/

Fear the Turtle I would suspect is right out without their permission.
You're free to use the State flag, but I'd avoid using the name of the University or anything resembling their seal or the state-flag in the ball logo they use.

 

[quincy]

Let me tell you that most of the NCAA schools are very aggressive about protecting their trademarks. You can find information on Maryland's marks here: http://www.trademarks.umd.edu/marks/

Fear the Turtle I would suspect is right out without their permission.
You're free to use the State flag, but I'd avoid using the name of the University or anything resembling their seal or the state-flag in the ball logo they use.

Actually, there are restrictions on the use of state flags.

The individual colors of the University of Maryland can be used on clothing items (for example, gold can be used), but you run into problems when you use UM color combinations, or use a gold tee-shirt with Maryland or Fear the Turtle or anything team-related. You can use the name "Maryland" on clothing that is not UM-colored (for example, having "Maryland" on a pink tee-shirt) but you cannot use slogans or logos.

You would be smart to contact the University of Maryland before marketing your products, to ensure they don't infringe on any rights, or you can have an IP attorney in your area personally review the items you hope to sell.

 

[FlyingRon]

The site I linked to is pretty explicit in what the University of Maryland considers a trademark. The Colors are not. The state flag other than what they describe as the Maryland Globe (the State flag mapped into a round logo) is not. While the Maryland (the state not the university) tries to argue that there is some criminal aspect to misusing the flag, it is of arguable constitutionality and I have no knowledge of them pushing that issue.

 

[quincy]

The site I linked to is pretty explicit in what the University of Maryland considers a trademark. The Colors are not. The state flag other than what they describe as the Maryland Globe (the State flag mapped into a round logo) is not. While the Maryland (the state not the university) tries to argue that there is some criminal aspect to misusing the flag, it is of arguable constitutionality and I have no knowledge of them pushing that issue.

Did you notice my posting prior to your post, FR? I provided the same link you did - and I read it.

The University of Maryland colors are trademark-protected, as are the colors of most other universities. This was discussed in some length in another thread awhile ago and a case on the matter was cited. I will see if I can dig it up.

State flags have restrictions on their use but, like you, I do not know offhand of any Maryland challenges to the use of the Maryland flag (if any). I will check on this. I know there have been legal issues surrounding flag-use in other states.

 

[quincy]

Here are links to two older threads posted to this forum that address university trademarks. The first link has a post which cites a case that led to the registering of colors by most universities and colleges in the country.

https://forum.freeadvice.com/sports-arts-entertainment-law-86/using-sports-team-names-cities-493346.html

https://forum.freeadvice.com/copyrights-trademarks-39/website-logo-use-trademarks-527598.html

I will look for any cases specific to Maryland when I have the opportunity - and I will see if I can find anything on Maryland flag-use.

Edit to add the following link to the case mentioned above (Board of Supervisors for La State University v. Smack Apparel Co, 550 F.3d 465, 475, 5th Cir 2008): http://www.ca5.uscourts.gov/opinions\\pub\\07/07-30580-CV0.wpd.pdf