College Football Powers Battle over Trademark

Two of college football's most storied powers are facing off in a trademark battle. Both Oklahoma and Notre Dame claim rights in the phrase "Play Like a Champion Today" going back decades, but only one has the legal right to use it today.

According to ESPN, a recent licensing agreement between Notre Dame and the mark's registered owner, Play Like a Champion LLC, has given the Irish the right to use the phrase, which has appeared on a sign in the team locker room since 1986. Oklahoma's problem? The Sooners never registered a trademark for the phrase and did not oppose the original 1993 trademark application.

From ESPN:

"I guarantee if we would have known about it we would have contested it," [Oklahoma Athletic Director Joe] Castiglione said. "One would have thought it would have been brought to our attention because we're being intentional about our branding and our traditions."

However, Oklahoma did have the opportunity to know that someone else claimed a right to use ‘Play Like a Champion Today’. The trademark registration process includes a publication period which provides public notice and allows those affected by the mark to object. Oklahoma apparently did not.

The lesson for your business? Proactively take steps to protect your intellectual property by filing a trademark application, and regularly monitor for potential infringement. For assistance with or advice about your particular situation, contact our office today.