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Similar logos cause conflict PDF Print E-mail
Written by Tj Jackson   
Monday, 20 February 2012 20:25

Documents show Georgia Southern University encountered logo conflicts with Freedom High School and Athens Christian School, but took legal action with only one of the high schools in question.

GSU has not communicated with Athens Christian regarding conflicting similar logos since 2009, when the university began questioning the legal issues behind the logos.

GSU is not taking any further legal action with the issue, Christian Flathman, director of the Office of Marketing and Communications, said.

“We reviewed the matter and took it to the state, where we were advised not to take further action,” Flathman said.

GSU proposed a license agreement with Loudon County Public Schools in South Riding, Va., when GSU became aware of the similar qualities in the high school’s logo. The school was asked to discontinue use of the logo after June 30, 2015.

A signed version of this contract could not be found by legal affairs, Maura Copeland, associate vice president for Legal Affairs, said.

In Feb. 2009, GSU asked Athens Christian School in Athens, Ga., to cease infringing on GSU’s athletic logo, according to a letter sent by former GSU Associate Vice President for Legal Affairs Lee Davis.

Athens Christian’s Headmaster, Steve Cummings, replied one month later in a letter that read that his school's logo was not infringing upon the GSU logo and that Athens Christian's logo is visually different.

“The main visual portion of the logo, the lettering, is completely different,” according to Cummings in a letter. “Moreover, among other things, the colors of the two logos are completely distinct, the eagle heads are different and the feathers are different.”

Assistant Attorney General Mary Jo Volkert replied eight months later in Novembet to Cummings’ letter, stating that Regents intended to take legal actions against Athens Christian to stop infringement of the logo and that the logo could not be used after Jan. 1, 2010.

Cummings remained convinced that the Athens Christian logo does not infringe upon the GSU logo or any trademark rights, according to a letter sent by Cummings on Dec. 17, 2009.

“Athens Christian School has a number of other defenses available to it that we believe would defeat any claim for infringement,” according to a letter sent by Cummings. “We also disagree with a number of conclusions in your letter, including, among others, that the two logos are ‘virtually identical.’ Even if a court finds that two logos are similar, this does not mean the AC logo infringes upon the GSU logo.”

Later in the letter, Cummings asked Volkert to sit down with representatives from GSU and the Board of Regents to resolve the issue.

One day later, Volkert requested to speak on the phone with Davis to discuss the letter from Cummings.

The concept of Athens Christian’s logo is similar and looks as if it was copied from GSU’s logo, Charles Williamson, accounting lecturer said.

“Once this is designed, it’s pretty easy to copy. You didn’t have to do a whole lot,” Williamson said.

Although GSU cannot pursue a criminal case, a civil case could be taken, Williamson said.

“GSU could pursue a permanent injunction in a civil case, because it’s not a crime, it’s a civil action.” Williamson said. “An injunction just stops you from doing whatever it is the injunction covers.”

Legal actions may not have been taken to protect GSU’s image, Williamson said.

“From a public relations standpoint, it’s not like you want to take Athens Christian to court and have some big battle,” Williamson said. “Are we going to look bad beating up on the little Christian school?”

Another reason GSU may not have taken legal action against Athens Christian is a lack of damages, Williamson said.

“One issue for the school to look into is ‘what are the damages?’ Presumably, no monetary damages. I can’t imagine any monetary damages there would be for Athens Christian, they’re not siphoning any money off of people who think they’re going to Georgia Southern,” Williamson said.

The Attorney General Office of Georgia gave advice to GSU on how to handle the conflict with Athens Christian, which is protected by Attorney-Client Privilege, Lauren Kane, communication director of the Attorney General Office of Georgia, said.

When professors were asked about the similarities between the Athens Christian and GSU logos, they agreed that they have related qualities.

“The overall look, in terms of scale and the layout, are similar. It looks very close,” said Onyile Onyile, professor of graphic design. “The layout, how the image is laid out and how the text is laid out, the overall shapes are similar.”

Other similarities include the letters, Onyile said.

Students responded, saying that the logos were very similar and that if legal action can be taken, then GSU should have looked into it.

“They definitely see them be very similar. The shapes are similar, not that they (Athens Christian) fully copied it, but they definitely based their logo off of ours,” Meredith Kratofil, junior middle grades education major, said. “I don’t know about immediate legal action, but I think they (GSU) should definitely look into it.”

Jermaine Evans, senior history major, said, “They look really similar in my opinion. If any legal actions can be taken, then they should be taken.”

 
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