30 years to late

Intellectual Property Infringement can be one of the most serious lawsuits around. Intellectual Property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP is divided into two categories the first is industrial property, which includes inventions (patents), trademarks and industrial designs and next is copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.



Intellectual Property in sports is something that a lot of teams and companies battle on a semi-regular basis. An issue I will touch on has to deal with copyright and trademark controversy in sports, a case between Florida State University and The Southeast Seminoles. This story has to deal with the fact that The Southeast Seminoles is using the name Seminoles, the Indian head, and its spear that appear to be the exact same of Florida State University which in turn falls under copyright and trademark infringement.



Now Florida State University is no stranger to the courtroom in regards to its sometimes-controversial school name. In the past along with many other sport teams named after Native Americans have seen lawsuits demanding a name change. Those against the names argue that it’s racist and degrading. Painting a picture that Native Americans were savages and even compared the names to the hot top racial use of the N-word. Those for the names argue that the names do not mean what those naysayers think. They see it as a type of motivational tool. To promote strength, courage and spirit within the players, fans, and community. Florida State University went up on the chopping block for the use of the name Seminoles and the logo of a Native American in war paint. In a turn of events the real Seminoles went to bat for the University and they were able to keep their name.

Florida State University Seminole

Now after battling to gain the right to use their name, FSU has come up another hurdle, Southeast High School in Bradenton, Florida.  Southeast High School has received a cease-and-desist letter stating “that says they are infringing on copyrighted university trademarks, saying FSU has a "valuable ownership interest" in the trademarks. The letter also states that Southeast is diluting the brand by using the logos.”

Southeast High School Seminoles

Now Southeast High School states that it has been using the same likeness for the past 30 years with the knowledge from both parties without incident. In the letter that was sent to the school’s principal there was not mention as to why now FSU has decided to take action. As to be expected alumni, students and staff were upset in knowing that a school they considered part of the Seminole family wants to disown them.



Is there really an issue here? From the high schools point of view the red flag for me is the random timing of the cease-and-desist letter. Why wait 30 years to cry foul, what could FSU possibly gain from demanding Southeast to change their whole image? The school has said that it cost at least $100,000 to change its logo and marketing plan. Some are speculating the sudden interest in high school has to do with declining interest in FSU and the athletic program. Is this a case of a big guy trying to phase out the little guy? I believe it is. Like I stated above FSU has had past issues with its name and maybe now they just want to hold steadfast and true to their name without sharing it. But my question like others is why now? Why not include them during the lawsuit years ago? Or even before the lawsuit began. Southeast High School does not want to fight over this issue and at the same time does not want to change its history. Maybe FSU is seeing how absurd it is now because they are in talks of working with the High School to come to an amiable agreement where both schools can use the name. I say more power to the Southeast Seminoles. Keep a hold of what Seminoles means to you and your school; courage, strength and the love of your community.




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