UM sent Taylor Lewan cease and desist

Submitted by MaizeGVBlue on February 8th, 2023 at 11:50 AM

https://www.mlive.com/wolverines/2023/02/taylor-lewan-says-michigan-sent-cease-and-desist-letter-over-t-shirt.html

 

Lewan said the letter was regarding to a white T-shirt that read “Michigan’s The Boys” in yellow and blue writing and a cartoon wolverine, an apparent trademark owned by the University of Michigan, with “BWTB” printed on the cap. The shirt, which retailed for $32.00, is no longer available for purchase on the Barstool Sports website.

Team 101

February 8th, 2023 at 12:02 PM ^

I haven't seen the shirt so I don't know how strong the University's claim is but assuming there is an infringement I don't blame the University for sending a cease and desist letter.  If the owner of trademark doesn't police the mark, then it can fall in the public domain like Aspirin.  Usually those things work themselves out.

bronxblue

February 8th, 2023 at 12:07 PM ^

Yeah, here's the shirt in question.  Seems like a pretty obvious trademark violation and while I'm not surprised a Barstool entity wouldn't spend a ton of time doing legal due diligence this shouldn't have come as a surprise.

 

Blinkin

February 8th, 2023 at 12:48 PM ^

And it would have cost them not even $500 to have a graphic designer whip up a generic wolverine cartoon that would have been sufficiently unique to avoid a copyright violation.  Either they have no clue what they're doing, or they were planning on getting away with it as long as they could until they got caught, or they're just flat-out lazy.   

matty blue

February 8th, 2023 at 12:16 PM ^

i mean, yeah, [these situations are often perceived as] big companies beating up on the little guy, etc.  [if you believe that, then] the look for the university is somewhat...problematic.

that said - i'm not a lawyer, but there is, as i understand it, a legal imperative here to defend your trademark, essentially anywhere and everywhere.  an undefended trademark is a trademark that doesn't exist.

also, barstool suuuuuuuucks.

also also, i'm sure this is my old-man memory here, but i'm blanking on "BWTB."  what does it mean?

[clarifying edits in bold]

bronxblue

February 8th, 2023 at 12:22 PM ^

This is basically all on Lewan and Barstool.  It's an obvious trademark violation and they could have easily reached out to UM and tried to get a license for it if they cared.  And Barstool isn't some "little guy"; they're owned by a billion-dollar "entertainment" company and were valued at $450M at the time of purchase.  I've got no sympathy for them not putting in the barest minimum of effort here.

matty blue

February 8th, 2023 at 12:33 PM ^

totally!  i didn't mean to imply any kind of sympathy for lewan; i definitely don't think it's deserved in this case. 

the reporting on these things - and unfortunately the perception - just always seems to get slanted as some poor brave entrepeneur fighting against The Man.  for reference, see the once-annual stories about the nfl suing some mom-and-pop grocery story over using "Super Bowl" on some window flyer.

matty blue

February 8th, 2023 at 1:34 PM ^

well, i guess that explains the negs. i thought i was getting negged for not liking barstool.

fwiw, i am absolutely not, in any way, butthurt about the copyright violation, and indeed think the university is completely justified and correct to send a c&d letter.

i was, as i say in my next post in the thread, noting that there's a perception that copyright owners are often portrayed as some sort of bullies in these situations, and they really shouldn't be.  nothing more.

EJG

February 8th, 2023 at 12:31 PM ^

A cease & desist letter is actually the polite way to go about it.  The impolite way would be to let Lewan and Barstool sell the t-shirts and then sue them for the revenue.  At least now they have the opportunity to negotiate a deal with the UofM Licensing Department -- which isn't difficult. 

Eng1980

February 8th, 2023 at 1:29 PM ^

Good point.  The University may be using their C&D log as their proof that they are properly maintaining their copyrights, so they have a policy to send the letter in every circumstance.  I suspect the letter was accompanied by a phone call/letter/email saying that we would like to work with you and here is the form or link to start the process.

CGordini

February 8th, 2023 at 1:05 PM ^

Fuck Taylor Lewan.

He's a scumbag who threatened to hurt the victim of Brendan Gibbons.

Now he's ~popular ~~~~, and no, that doesn't give him a free ride for his past abuses, nor does it allow him to steal copyrighted content.

BKBlue94

February 8th, 2023 at 1:17 PM ^

Lewan is the only prominent former Michigan player in my lifetime who's I've always thought seemed like kind of a jerk. This just seems like more of that.

umfb19

February 8th, 2023 at 5:27 PM ^

Look... I'm an avid fan of BWTB... No real issue with Taylor, I know about the accusations of what he said... no charges were brought against him and he adamantly denies saying them. 

All that being said... it is VERY easy to reach out to the university on copyright issues.  I literally reached out to them last week on something and they were great to work with.  They have a brand to protect.  There are many ways he could've designed that shirt and not had a C&D sent.  But just doing it without asking, he deserved the C&D and is in the wrong for speaking out on it.  A simple, "We missed this one, made a mistake, and will no longer be selling them, but will redo the design" would suffice.