Trademark that been "retired" - questions

[ThorsFoundry]

What is the name of your state (only U.S. law)? North Dakota

I am on the verge of producing a one-off custom etched mirror with the image of a local sports team mascot, for a donation to be sold at a local hospital for a fund raising event. I personally know the artist who originally drew the design, and have asked his permission to use the image, which he granted. Since he sold the image to the college sports team, I would believe that the TM belongs to the college, right? However, "On June 14, 2012, the state Board of Higher Education voted to get rid of the University of North Dakota's mo****r and Indian head logo." (reference Wikipedia here https://en.wikipedia.org/wiki/North_Dakota_Fighting_Sioux_controversy )

I would feel that since the college retired the logo (mascot, mo****r, whatever you'd call it), it would then be up to the original artist to give permission to use this?
"Under current federal trademark law, trademarks are abandoned when their use is discontinued by a company with no intent to ever resume the use. Abandonment is also considered automatic by trademark law when the mark has not been used for three consecutive years." (reference https://law.freeadvice.com/intellectual_property/trademark_law/cancel_trademark.htm )

So I would assume that since today's date is March 10, 2017, those three years have passed - am I correct? The whole big question is: Am I legally "right" to make this once-done mirror and give it to the hospital so they can sell it for hopefully a nice profit to help them out?

I thank you for advice

 

[quincy]

What is the name of your state (only U.S. law)? North Dakota

I am on the verge of producing a one-off custom etched mirror with the image of a local sports team mascot, for a donation to be sold at a local hospital for a fund raising event. I personally know the artist who originally drew the design, and have asked his permission to use the image, which he granted. Since he sold the image to the college sports team, I would believe that the TM belongs to the college, right? However, "On June 14, 2012, the state Board of Higher Education voted to get rid of the University of North Dakota's mo****r and Indian head logo." (reference Wikipedia here https://en.wikipedia.org/wiki/North_Dakota_Fighting_Sioux_controversy )

I would feel that since the college retired the logo (mascot, mo****r, whatever you'd call it), it would then be up to the original artist to give permission to use this?
"Under current federal trademark law, trademarks are abandoned when their use is discontinued by a company with no intent to ever resume the use. Abandonment is also considered automatic by trademark law when the mark has not been used for three consecutive years." (reference https://law.freeadvice.com/intellectual_property/trademark_law/cancel_trademark.htm )

So I would assume that since today's date is March 10, 2017, those three years have passed - am I correct? The whole big question is: Am I legally "right" to make this once-done mirror and give it to the hospital so they can sell it for hopefully a nice profit to help them out?

I thank you for advice

I just noticed your thread, ThorsFoundry. I am sorry your question was not addressed sooner.

Although the University of North Dakota has rebranded its athletic teams (from the Fighting Sioux to the Fighting Hawks), the Fighting Sioux trademarks (name and logo) are still in widespread use (check out the "Dacotah Legacy Collection") and the Sioux trademarks continue to be rights-protected.

Both the name and image are connected with the University of North Dakota in the minds of the consuming public - they have gained a secondary meaning - so the University of North Dakota can prevent all others from using these marks (or a similar marks).

Federal registration of trademarks and copyrights is not necessary in the US. It is the use of a trademark in commerce that provides the holder of a trademark with rights and copyrights in images are automatic. Registration will provide a rights-holder with additional protections.