de la salle high school of concord v sportswear inc
De La Salle High School of Concord v Inc
De La Salle High School of Concord has been a respected institution for over 50 years. Their mission is to provide a Catholic education to young men in the Bay Area. Part of their mission is to instill discipline, integrity, and a sense of community into their students. These values have been instilled into the school's sports teams as well. One of those teams is their football team, which had a successful run of championship victories in the early 2000s. The success of this team has also sparked a battle with a sportswear company, Inc.
The Beginning of the Conflict
In 2002, Inc. started producing apparel that featured the phrase 'De La Salle Football' and the school's Spartan logo without permission. The school's athletic director, Mark Weinmann, claims that they sent a cease-and-desist order to Inc., but the company ignored it. This was the beginning of a battle that would end up in court.
The School Responds
The school could not stand by and watch a company profit off of their reputation and image. They filed a lawsuit in 2004 against Inc. for trademark infringement, false advertising, and unfair competition. The school's argument was that the use of their likeness and name on merchandise implied an endorsement, which was not true. The school also claimed that the merchandise could harm their reputation, as the quality of the items was subpar.
The company responded by claiming that the school benefited from the sale of their merchandise, and that the items were not of low quality. The company also claimed that the merchandise was a tribute to the team's success.
The Court Battle
The case went to court in 2006, and the jury found in favor of De La Salle High School of Concord. The court ruled that the merchandise produced by Inc. was indeed a violation of the school's trademark and could cause confusion in the marketplace. The court also ruled that the use of the school's name and image was unauthorized.
The school was awarded $142,000 in damages, and Inc. was ordered to pay $50,000 in attorney's fees. The company also had to destroy all of the merchandise that was found to be infringing.
The Aftermath
The case was a win for De La Salle High School of Concord, and a lesson for other companies that may try to profit off of a school's reputation without permission. The school's athletic director said that the school now carefully monitors the use of their name and image to prevent future infringements.
Subtitles:
-The Values of De La Salle High School of Concord
-The Football Team's Success in the Early 2000s
-The Rise of Inc.
-Making a Stand for Trademark Infringement
-The Implications of Unlicensed Merchandise on a School's Reputation
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