The Ohio State football team is heading into Ann Arbor this Saturday hoping to beat Michigan and land a spot in a post-season bowl game.
But on Monday, an entrepreneur from suburban Columbus, Ohio, headed to the U.S. District Court in his hometown to file a lawsuit against the University of Michigan after he was asked to stop selling his line of 20 scarlet and gray "Beat Michigan" products to Buckeye fans.
Mike McGuire of Powell, Ohio, is suing the University Board of Regents and the Collegiate Licensing Company in Atlanta, claiming he should be allowed to use the "Beat Michigan" slogan.
He is asking the court to cancel the federal trademark of the word "Michigan" as it relates to the University.
The suit alleges that the University is incorrect to say McGuire's products "would dilute their trademark," McGuire said. "How in the hell would somebody think that, in scarlet and gray?"
McGuire first sold his "Beat Michigan" T-shirts in 1974, when the Buckeyes defeated the Wolverines, 12-10.
The University of Michigan federally registered its "Michigan" trademark in 1984, University spokesperson Joel Seguine said.
"We can relate to Mr. McGuire's passion for 'beating Michigan' in this, the week of the annual clash on the gridiron between U of M and Ohio State," Seguine said in a statement released Tuesday. "Unfortunately, this isn't about passionate about school spirit, but just plain law."
McGuire registered "Beat Michigan" as a trademark with the Ohio Secretary of State in December 1997, and he has a pending application for a federal trademark.
In July of this year, he sent a letter about his products to OSU's licensing director, who passed the information on to the University of Michigan's trademark office.
In August, McGuire received a cease-and-desist request from CLC attorney Michael Drucker, acting on behalf of the University.
Drucker said he could not comment on the case.
The lawsuit states that in the letter, Drucker "went on to allege that purchasers of Mr. McGuire's goods would believe that the
11-18-99
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