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Local businesses face OU licensing problems
by   |  March 4, 2011  |  

The OU Licensing Department has issued 29 cease-and-desist letters to Oklahoma businesses not licensed to sell products with OU trademarks since January 2010, records show.

OU works to protect its trademarks and its annual licensing revenue of $3 million by sending cease-and-desist orders, said Renata Hays, university licensing director. In order to protect OU’s trademarks, OU licensing sends out cease and desist orders to unlicensed businesses using OU trademarks and copyrights.

The department sent 27 cease and desists in 2010, and two have been sent out since the beginning of 2011, according to an open records request.

The university receives an average of 10 percent in royalties on retail products sold, Hays said.

Illegal use of university trademarks takes away thousands of dollars from OU, and can cause the university to lose the right to its trademarks and copyrights, according to an opinion by Athletics Department spokesman Kenny Mossman on SoonerSports.com.

The department moved the use of licensing revenue to academics last summer.

The Seed Sower, Sooner Schooner and the OU interlocking-letters logo are university trademarks. Organizations, businesses and campus student groups must obtain a license to use these trademarks, Hays said.

The words “Oklahoma” and “Sooners” also are licensed to the university when used with the school colors or another OU identifier, according to the OU licensing website. Unlicensed businesses using these infringe on OU trademarks because of trade dress, something that is directly affiliated with the university and creates a link to the university in the mind of consumers, Hays said.

Jo’s Famous Pizza, a Norman pizza shop, received a cease-and-desist letter Jan. 3 because of its use of the OU colors, with the letters O and U placed similar to the OU interlocking logo, according to an e-mail sent by Hays to the shop’s owner.

Andrew Adams, shop owner, declined to comment about receiving a cease-and-desist order.

“I really can’t talk about that right now,” Adams said. “Maybe if you call back in a couple months I can answer your questions.”

The Oklahoma gubernatorial election prompted shirts with “Sooners for Askins” and “Sooners for Fallin” printed on them, as well as for Oklahoma Senate and House seats. These create an affiliation between the university and a political candidate. Since OU is state entity, the university cannot identify with any particular party, Hays said.

Galaxy Home Recreations, an Oklahoma City business, embroiders pool tables. A few pool tables with embroidered OU trademarks were sold, according to the cease-and-desist letter sent Feb. 4.

Galaxy complied with the request in order to avoid conflict, said Galaxy general manager Jack Sanstra. Galaxy no longer embroiders school-related pieces onto pool tables, but still carries pictures, clocks and similar items that contain OU trademarks and former players. The pictures are from a licensed company, “Legends Of The Game,” Sanstra said. “I can understand if someone tries to sell the OU logo on a baseball cap without a license.”

“What I don’t agree with is not being able to use ‘Oklahoma’ or ‘Sooner’ on a pool table, because we are Oklahomans and we live in the state and are therefore Sooners,” he said.

The university needs to do a better job of clarifying what is copyright, Sanstra said.

“It needs to be clear, concise and provided so we can still provide services to our customers without having to worry about copyright infringement,” he said.

The OU licensing program does provide trademark information on SoonerSports.com, and the licensing department sends pamphlets containing OU trademark info to businesses who have infringed on OU’s protected material, Hays said.

“We understand businesses do not always know of the OU trademarks, and we like to use it as an educational opportunity,” Hays said.

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