Part of this USA Today Sports story reads, "An employee at a [local] memorabilia store said:
'(Arizona is) 2000 miles away. What do they care for a little farm community and a very small school?' ”
Her argument is that it's okay for a school to infringe a trademark as long as they are small and made up of farmers? Is this a valid argument?
There is a better argument that a school, large or small, should set an example in the practice of ethics. Schools are, after all, in the business of preparing young people to eventually enter the working world, including agri-business, as, presumably, law-abiding citizens.
Most of us teach our kids to respect the property of others. Many teach their kids that it's wrong to steal something even if it's small.
Some people might argue that using the college logo will not really hurt the University of Arizona. I heard a similar argument from a 12-year-old to justify his shoplifting. "It was just one magazine. They won't miss it."
The small school mentioned in the news story did the right thing. They stopped the merchandising of items with the infringing mark and they agreed to change their logo.
A trademark can be a valuable asset for a business. Universities are businesses, too. Many big schools say they are really struggling with funding cuts and with trying to keep tuitions from spiraling out of reach. And a successful college athletic program can generate lots of needed cash, not just in ticket sales, but in merchandising. I have heard that the income that the NFL receives from merchandise sales far exceeds that from ticket sales. So, protecting a trademark is all about the money. It can make the difference for financial survival. But that's what all business is about, right?
Also, there is a reason why many businesses are very aggressive about pursuing even small infringements. It's because it gives them a stronger legal position if and when the time comes they are involved in a serious litigation later. If, on the other hand, they have developed a reputation for being lax, allowing lots of possible infringements to slide without challenging them, they could end up in a weaker position in a court battle later.
Interestingly, there is a small school in my area that has a team logo that is an exact duplicate of an NFL football team logo. They changed nothing to the logo. As the internet continues to make the world flatter and flatter, it will be interesting to see how long it takes before the NFL notices it.
I'm not turning them in. I'm not the trademark police. Besides, they're just little kids, right?