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UW-Madison settles 'W' lawsuit with Kansas school

By Associated Press   September 16, 2008 - 10:35 a.m.

MADISON, Wis. (AP) The University of Wisconsin-Madison says it has settled a lawsuit accusing a Kansas university of infringing on its Motion W logo.

UW-Madison spokesman Casey Nagy says Washburn University in Topeka has agreed to modify its W logo. The current one looks similar to the Badgers' W but is blue instead of red.

As part of the settlement reached Friday, the schools agreed Washburn can keep the letter but must make certain tweaks, including changing its shape.

The federal lawsuit filed last year is the first time UW-Madison sued another school over the symbol.

Washburn has about 7,200 students. Its teams play in Division II of the NCAA. UW-Madison is in Division I.




reader COMMENTS (17)
momof5
Sep 19, 2008 at 11:45 a.m.
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exactly, justsome1here.

justsome1here
Sep 17, 2008 at 5:57 p.m.
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Actually, what they are trying to protect is the royalties they collect off of the design, not the design itself.

JCK
Sep 17, 2008 at 8:51 a.m.
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It isn't the letter "W" that the UW has a problem with, justsomehere. It's the specific design of the motion "W" that they are trying to protect. That design is original enough to have been patented.

ktaustin
Sep 17, 2008 at 7:54 a.m.
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Or Wyoming and West Virginia

lakennedy
Sep 17, 2008 at 6:51 a.m.
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Our "W" looks different than Washington's "W". I know how petty that sounds.

justsome1here
Sep 16, 2008 at 9:24 p.m.
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Maybe it is time that UW-Madison come up with a more original logo. Technically, "W" could mean any college or high school in the state of Wisconsin or Washington.

MrScott
Sep 16, 2008 at 8:13 p.m.
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Gladiator, I was thinking of years ago when they had the "Wolverine" stripes...I forgot they changed the logo.

lakennedy
Sep 16, 2008 at 5:48 p.m.
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Excellent point, janesvillian. I just took a mass media law course, and you are dead on.

janesvillean
Sep 16, 2008 at 4:31 p.m.
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Unfortunately, prevention, the way that trademark law is written, mark holders must aggressively defend their marks against infringement and consumer confusion, or the mark can be declared generic.

jsvlparkergrad
Sep 16, 2008 at 3:52 p.m.
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I have seen the identical "Motion W" on a high school kid's cap in Ohio as well. It was red as well, and the first time I saw it, I said, "It sure is good to see another Badger fan around here." I was quickly corrected and never made that mistake again.

Perhaps I should tell the U of Wis people about this and have that high school sued as well!

Gladiatorfootball12
Sep 16, 2008 at 3:35 p.m.
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As Central Michigan, you're talking about right?

MrScott
Sep 16, 2008 at 2:44 p.m.
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Typically they don't go after high schools because they are not major marketable products, whereas college logos are. I believe Craig HS uses the same design on their helmet as Michigan.

momof5
Sep 16, 2008 at 2:14 p.m.
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Waunakee uses a W that is very similar to the "motion W" of UW. I don't know if they sued them or not, but there was a high school (in Iowa, I believe) who also got reprimanded for using a purple rendition of the motion W.
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There are teams and schools out there who "copyright" their school colors. Stupid, I know.

prevention
Sep 16, 2008 at 2:10 p.m.
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Don't these institutions of higher education have anything better to do than argue over a letter? Try spending that money on academics! New concept, I know, but a darn good one!

janesvillean
Sep 16, 2008 at 12:41 p.m.
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Well, the point was that Washburn's W was distorted in almost exactly the same proportions as the Wisconsin W, at least in the context of athletics. It didn't help that they expanded the usage (e.g. licensed products) during the period of the lawsuit.
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In any case, this is a settlement, i.e. an agreement between the parties. Probably Washburn just didn't want to fight anymore, or couldn't afford to fight Wisconsin.

ktaustin
Sep 16, 2008 at 11:13 a.m.
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Next I suppose they could sue those other 'W' states for stealing our letter...

lakennedy
Sep 16, 2008 at 10:42 a.m.
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Another win for Wisconsin...lol.

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