David Son, The University of Kentucky, and 40-0

[single317dad]

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

http://abcnews.go.com/Sports/kentucky-40-items-pulled/story?id=30050701

While the facts as reported by this and other articles seem to be in Son's favor, it will be interesting to see what happens if this becomes an issue after this weekend's games.

 

[quincy]

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

http://abcnews.go.com/Sports/kentucky-40-items-pulled/story?id=30050701

While the facts as reported by this and other articles seem to be in Son's favor, it will be interesting to see what happens if this becomes an issue after this weekend's games.

There definitely appears to be far more to support David Son's claim of ownership in "40-0" than there is to the University of Kentucky's claim of possible infringement on their rights.

The only possible avenue Kentucky can explore is Son's use of blue-and-white with the 40-0, if the combination confuses consumers into thinking the products are UK-affiliated goods.

But, seeing as how Son filed for a 40-0 trademark in February, had a "40-0 LLC" company before 40-0 had a Kentucky connection, has sold his 40-0 products in all colors since 2013 ... yeah, I don't hold out much hope for the University of Kentucky in this.

And, as you said, the 40-0 could have even less of a connection in consumer's minds if Kentucky loses this weekend.

This reminds me of the NFL's claims to "Who Dat?" tee-shirts accompanied by cease and desist letters to all those marketing the shirts and related products, thinking they owned rights to the phrase. They backed off quickly when Louisiana's Governor got involved.

 

[quincy]

Well, single317dad, I think Kentucky is probably not quite so eager to claim rights in "40-0" now.

 

[LeeHarveyBlotto]

Is "38-1" claimed?

 

[single317dad]

Well, single317dad, I think Kentucky is probably not quite so eager to claim rights in "40-0" now.

As a lifelong IU fan, I do love these problems that solve themselves.

 

[quincy]

As a lifelong IU fan, I do love these problems that solve themselves.

What someone should do is sell tee-shirts in assorted colors with the numbers 1-0. That increases the consumer market a bit.

 

[LdiJ]

Well, single317dad, I think Kentucky is probably not quite so eager to claim rights in "40-0" now.

I would suspect that the university officials who decided to make an issue of 40-0 before it was a done deal for Kentucky are experiencing more than a bit of embarrassment right now.

 

[quincy]

I would suspect that the university officials who decided to make an issue of 40-0 before it was a done deal for Kentucky are experiencing more than a bit of embarrassment right now.

Yup. It probably would have been smart for them to wait a bit.