Hurricanes harrass local High School

Redfish

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Copied from Orlando Sentinel

The Miami Hurricanes obviously need the money; why else would they be making this unfathomable power play? Why would they risk the wrath of their one-time friends? Why would they put years of tradition up for sale just for the sake of protecting their bottom line?

No, we're not referring to UM's impending decision to wreck the Big East. We're talking about the Hurricanes trying to crush little Umatilla High.

"I guess we got Miami worried when we won the district championship last year," cracked Kent Merrill, president of the Umatilla High School booster club. "I thought Miami was trying to join the ACC, not the FHSAA [Florida High School Activities Association]."

If you think the other Big East schools were shocked when they learned about Miami's ACC money grab, think of how Umatilla felt when they received a "cease and desist" letter from UM lawyers recently. The letter informed Umatilla that the "U" in its logo was too similar -- criminally similar -- to Miami's. It seems the Hurricanes have a trademark, giving them exclusive rights to the unique "Split U" design.

We're talking Umatilla here, folks. This place is so small that the local library closes whenever somebody borrows the book. Umatilla is a suburb of Eustis, for crying out loud.

"I guess we should be flattered that the University of Miami even notices little Umatilla," school principal June Dalton said.

To her credit, Dalton is taking the high road on this one. She said Umatilla will change its logo because it doesn't have the financial wherewithal to fight Miami. "Public schools have better things to spend their money on," she said.

You would think Miami would have better things to spend its time on. A UM spokeswoman said the school only is following NCAA guidelines, which say a high school cannot use the registered trademark of a university unless the university demands fair market value as compensation.

Translation: Miami has told Umatilla it can keep using the logo -- as long as it pays UM $2,000 a month.

"Again," Dalton said, "we have better things to spend our money on."

Cynthia Beamish, the UM attorney who sent the letter, would not comment when contacted Wednesday. To which I say: U gotta be kidding me.

In my expert legal opinion, Umatilla has more of a right to the letter "U" than Miami does. Why does Miami even have a "U" on its helmet, anyway? Shouldn't it have an "M"? And, besides, who died and made Miami the lord and overseer of the letter "U"?

"The letter 'U' is more important to our name than it is theirs," Merrill said.

He's right. Without the "U", Miami is still Miami, but Umatilla is just plain old Matilla.

This is just another example of the corporate greed that pervades our institutions of higher earning.

Remember when colleges used to be worried about how many students they graduated? Now they worry about how many T-shirts they can sell. These days, schools such as Miami make nearly as much money from merchandising as they do from their games.

Meanwhile, Umatilla goes about the business of changing its logo. The granite marker in front of the school will have to be sandblasted. New T-shirts and hats will have to be ordered. And when the Umatilla Bulldogs take the field next season, they will have a strange new design on their helmets.

But will this be the end of it?

Don't count on it.

"Don't forget, we are the Bulldogs," Merrill said. "I'm expecting a letter from the University of Georgia any day now."
 

loophole

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let me just post up a word or two in defense of my law alma mater. miami had little choice but to send the letter. the "u" that is being referred to is the stylized logo u that miami has legally trademarked and uses as its athletic emblem. if miami takes no action to prevent the high school from using it, two things will happen:

1. as alluded to in the news story, miami will be committing an ncaa rules violation and will be appropriately sanctioned by the ncaa;

2. if miami takes no action to prevent the use of the logo, they will lose the legal protection of their trademark and it will be placed back in the public domain, meaning anyone will be able to use it, including makers of athletic apparel.


a bit of unfair criticism imo.
 

Wilson

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Miami is sure making a nice image of themselves, lately.

Dr. Shalala should be proud of the job she is doing for the school's public image. Don't get me started on integretity, honesty and keeping comittments.
 

StevieD

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Miami should be ashamed of itself but they can't be because they have no shame. I don't like Miami.:D
 

loophole

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my, my, i knew there was a lot of jealousy out there directed at miami but this kind of surprises me. is this about the logo deal? if so, please read my post above. is it about the big east/acc realignment? if so, why is miami singled out when syracuse and bc are latched onto the hurricanes like a tick on a hound dog? where was that thinking when the money schools decided to gut the southwest conference a few years back over money deals with the big 12 and sec? if you want to blame anyone, blame the nazis at the ncaa for only allowing 12 team conferences to have a football championship game. anyway, the people you hear most of the complaining from are the big east schools that can't carry their own weight financially. i guess they feel a conference affiliation is like a marriage - 'til death do us part. sorry, but it's not that way now and hasn't ever been that way in the past.
 

dawgball

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loophole--I have heard that companies such as coca-cola, delta, etc. have employees who their job is to make sure their names are not used in books, movies, tv shows, etc. for this purpose. It seems like a lot of red tape crap to me.

I think the law should read if someone is making money off of the use, then it should be stopped. If not, who cares?:shrug:

BTW--I am not knocking Miami for doing this.
 

loophole

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i see your point dawgball, but the lines are kinda blurry. if the high school uses the trademarked miami logo, would they be able to sell hats and shirts with the high school logo on it? how about putting it on their letterhead that the booster club sends out soliciting contributions? the way trademark law is written, if you allow your trademarked image to be used by others without demanding they cease or compensate, then your protection is deemed abandoned to the public domain. when that happens, anyone can sell a miami sweatshirt with the logo imprinted on it and pay you nothing.
 

dawgball

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How do these street vendors in Atlanta sell knock-off Tommy Hilfiger, Gucci, etc. items? I never understood that.
 
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