In the high-profile world of college athletics, it is understandable for universities to be wary of competitors and third parties attempting to steal the colors, mascots and slogans that make up their athletic brands. This is especially true at schools that consistently succeed in either of the two major collegiate sports, basketball and football. Yet the approach taken by one of these schools, Syracuse University, toward protecting its brand is both unfair and counterproductive.
Syracuse is seeking to trademark the use of the word "orange" for the purposes of its athletic apparel and other merchandise. The trademark filing initially took place in 2006, two years after the school received a trademark on the word's use in "educational and entertainment services." Now, however, it is being challenged by at least nine schools that, like the University, feature orange as one of their primary colors.
To be clear, the trademark for which Syracuse has applied only relates to the word "orange" and has no implications on the use of the color. Nevertheless, other schools that employ the color have cause to be worried. At the University, for example, the word "orange" has been used in conjunction with the color itself on multiple occasions in recent years to drum up support for the school's athletic teams, particularly football. In 2004, the athletic department included the phrase "Orange Fever" on its official fan T-shirt for the football season and also undertook a campaign known as "The Power of Orange" during the 2008 season that highlighted the home field advantage at Scott Stadium. Additionally, the student section at football games has been referred to unofficially as the "Sea of Orange" and the athletic department has held "Paint the Town Orange" festivities in downtown Charlottesville at the beginning of recent football seasons to connect City residents with players, coaches, cheerleaders and the marching band. Even the 'Hoo Crew uses the phrase "Orange Passport" to describe athletic events at which students can accumulate Sabre Points, which earn them prizes at the end of the fall and spring semesters and boost their chances of getting men's basketball tickets.
The prominent role of "orange" in University athletics indicates that although the University has not joined other schools in expressing formal opposition to the Patent and Trademark Office, "orange and blue are our colors and we would not back away from that," University spokesperson Carol Wood said. Furthermore, Syracuse may be trying to protect its mascot - which has been known as the Orange since 2001 - but it is almost impossible to dissociate the word "orange" from the color or vice versa. Part of the purpose of a school's color scheme is to offer its fans a common identity behind which to unify, but mobilizing fans to embrace that identity generally involves written exhortations.
Syracuse, whose men's basketball team has earned a spot in the NCAA Tournament seven of the past nine years and won the national championship in 2003, obviously feels the need to guard its athletic brand from those who would exploit the school's success to make a profit. Attempting to claim sole ownership of the word "orange," however, could set off a spate of trademark filings by universities who then will feel threatened not only by manufacturers of contraband apparel but also by other schools with which they share colors, mascots or slogans. Although these universities will be trying to protect themselves from competition, many will end up having their identities compromised. Successful trademarks will undermine events and campaigns that are built around commonly shared characteristics such as a color. Without a simple notion of identity to structure these events, athletic programs could struggle to build a strong support base for their teams.
A better way forward would be for Syracuse to collaborate with other "orange" schools to look out for their shared interests. By coming to a collective agreement about the specific nature of each athletic program's identity, schools will be given the freedom they need to mobilize their fans without fear of legal repercussions. Moreover, with a group of schools working together to monitor the commercial use of "orange" it is less likely that unapproved merchandisers will be able to peddle illicit products. In the end, schools must realize that although there may be only one "orange," it can be found in many different hues.
Read More
PARTING SHOT: On the art of walking and chewing gum
By Nathan Onibudo | 1 hours agoStudent journalism, and maybe even life more generally, is about holding space for multiple conflicting truths.
PARTING SHOT: Confessions of a nepo baby
By Grace Thrush | 20 hours agoWhile I can’t point to one specific “aha” moment where I finally started to dispel my self-consciousness and claim my pride for the paper, I got there gradually over the course of my term as managing editor.
PARTING SHOT: Asked and answered
By Honor Wood | YesterdayLooking back, the answer has been abundantly clear all along. I did it for the people.
