Fri, 22 Jan 2010 11:32:16 +0000

Forget about American Needle vs. the National Football League or the looming legal fight over college athletes' right to be paid. In the world of sports law, USC v USC -- you know, Univeristy of South Carolina versus University of Southern California -- might be the juiciest case of them all.

The dispute is over South Carolina's attempt to trademark an "SC" logo -- featuring an interlocking S and C -- that the school planned to put on its baseball team's new uniforms. The logo is similar, though not identical, to the "SC" logo that has long been identified with Southern Cal's sports teams and is also featured on the Trojans' official baseball hats.

The West Coast USC, a private school founded in 1880, has owned rights to the "SC" logo for over a century, and it filed an opposition to South Carolina's mark last year with the U.S. Patent and Trademark Office. The trademark board sided with the Trojans, and yesterday, a federal appellate court in California upheld the decision, noting in its decision that South Carolina's "SC" mark was "legally identical" to Southern Cal's logo and could potentially create confusion among consumers.

After the decision came down, the schools' lawyers continued sparring through the media, with Southern Cal lawyer Scott Edelman chiding South Carolina's attempt to capitalize on USC's sports tradition. He also described South Carolina's mascot -- the Gamecock -- as "a goofy little chicken." In response, South Carolina's attorney, Neil C. Jones, said his "Southern manners" prevented him from responding to Edelman's barb.

(EhrlThePearl.com suggests the two schools settle the score on the gridiron --- not a bad idea, since the schools have split the two football games they've played, with the Trojans winning in 1980 and the 'Cocks prevailing in '83.)

The real question: When will fraternity guys stop wearing this South Carolina hat? It's been a lame campus/keg-side fashion statement for far too long. If a decision made this week by a federal appeals court stands, there's a good chance the University of South Carolina will be forced to stop using its interlocking "S.C." logo on its baseball cap.


In 2009, the U.S. Patent and Trademark review board ruled that the University of Southern California alone had the right to the "S.C." trademark (above left). And on Tuesday, the U.S. Court of Appeals for the Federal Circuit upheld the decision in favor of the Trojans.

The ruling will not stop South Carolina's baseball from using the logo (above center). But since the school does not have the logo trademarked, it may not receive royalties from sales of the product and could be subject to further legal action.

In light of this opinion [by the court], South Carolina is going to have to take a careful look at its activities," said Scott Edelman, the lawyer representing Southern California.
Edelman said the ruling protects Southern California's "primary athletic mark" used on team clothing and merchandise that's sold for significant profit. He also argued that someone might mistake South Carolina merchandise for Trojans merchandise in stores since the two schools share an "S.C." logo, a point the Patent and Trademark review board disagreed with in its original ruling. Southern California's official colors are cardinal and gold, while South Carolina's official school colors are garnet and black. - link