Discussion:
What is the name of your state? West Virginia
Hello, me and some friends have been running a fan website about the local University's sports teams. We received a letter about 2 months ago from the University stating that we had to remove the school logo graphic (which i understand) and certain terms. Some of the terms included the University name, the state name when referring to them, the team name, as well as a few other terms. Does this not violate freedom of speech? I do not understand why we cannot use these terms on our website when writing articles. Any response would be greatly appreciated. Thanks.
Answer:
What is the name of your state? West Virginia
Hello, me and some friends have been running a fan website about the local University's sports teams. We received a letter about 2 months ago from the University stating that we had to remove the school logo graphic (which i understand) and certain terms. Some of the terms included the University name, the state name when referring to them, the team name, as well as a few other terms. Does this not violate freedom of speech? I do not understand why we cannot use these terms on our website when writing articles. Any response would be greatly appreciated. Thanks. They probably have a trademark on the use of some of these terms. The general rule for trademarks is that it is a "fair use" of a trademark to use the mark in a "purely descriptive" context -- it would hard to describe UCLA without using the term "UCLA," even though "UCLA" is almost certainly trademarked.
If you keep the use of the school name "purely descriptive," then you can continue to use the name. You will need to ensure that you are only using the name to describe the school and its programs, and not use the name in any way that would imply that the school sponsors, approves, or is affiliated with your website in any way.
You may want to discuss your use of the school name with an attorney to be on the safe side; but if the use of the name is in an "editorial" context, and used only "descriptively," then you can use the name. Doesn't mean that the school won't continue to harass you, of course...