Judge grants injunction in UND nickname case

[BGIF]

http://msn.foxsports.com/cfb/story/6153920

I've always been curious about the authority of the NCAA to require name changes "ex post facto". I realize the nickname business is an administrative action but if the ruling authority didn't like the name "Illini" couldn't they also require that University to change it's name from "Illinois" as well? Land of the Illini?

I'm not a lawyer but thought there were grounds for action from the effected universities for brand infringement. Many, if not all, of the nicknames and mascots are trademarked.

GRAND FORKS, N.D. (AP) - A district judge has granted a preliminary injunction to stop the NCAA from banning the University of North Dakota from hosting a postseason game because of its "Fighting Sioux" nickname, state Attorney General Wayne Stenehjem said.

Stenehjem said judge Lawrence Jahnke alerted him to the decision Saturday night. Stenehjem did not know the details.

UND is among a handful of schools with American Indian nicknames and logos that the NCAA considers hostile and abusive. Those schools are barred from holding postseason tournaments, or from using their nicknames during road playoff games.
Stenehjem, in asking for the injunction, said the ban might cost UND (9-1, 7-1 North Central Conference) home field advantage in this year's NCAA Division II football playoffs.
With its 33-26 win Saturday over South Dakota, UND is likely to receive a bye in the first round, starting on Nov. 18.
"We should be in good shape to be able to host in two weeks at the Alerus (Center)," said UND Athletic Director Tom Buning.
Jahnke did not immediately return a telephone call Sunday seeking comment.
Fargo attorney Wick Corwin, representing the NCAA, also did not immediately return a telephone call Sunday.
Stenehjem asked Jahnke during a court hearing Thursday to stop the NCAA from banning the nickname until a full hearing on the case is held.
North Dakota officials sued the NCAA last month, saying the ban is a breach of contract and violates antitrust laws. The NCAA argued that an exemption for UND would deprive the association of authority over its own championships. Jahnke on Thursday set a tentative trial date in the nickname dispute for April 24. The attorney general's office is handling the case for UND, which is paying for it with private contributions.

 

[jiggafini19]

Their logo could be an issue too.

Would ND ever go after them for that? Awful close. Notre Dame has dozens of logos copyrighted and this is one of them (the leprechaun, seal, etc.)

 

[tedwick]

Their logo looks a bit different, so it's not a direct copy. yeah, it's a bit of a knockoff, but there are only so many ways you can draw an interlocking N and D.

 

[BGIF]

Their logo could be an issue too.

Would ND ever go after them for that? Awful close. Notre Dame has dozens of logos copyrighted and this is one of them (the leprechaun, seal, etc.)

Sorry for the confusion. I wasn't talking about Notre Dame and North Dakota logos. I used Illinois as an example of a team name and mascot that were banned for Indian references when the school name, Illinois, comes from the same source, Illini. I suppose I could have used Dakota as well. I see product branding as an issue that's why I brought up trademarks. It's a recognized way of protecting your product, your brand.

I can see the NCAA (a member organization) putting pressure on members to do the "right thing". But it strikes me that those members have legal relief regarding their trademarks which are regulated by the Federal Government. I understand the NCAA's argument about their "authority" over NCAA events such as football rules, etc, but the choice of a nickname or mascot doesn't strike me as coming under that jurisdiction. The name doesn't effect the outcome nor give one team an advantage. Further North Dakota and others are longstanding members of that organization. Their names and nicknames had prior history in that organization.


The UND's have had their trademarks meeting of the minds.