UM sent Taylor Lewan cease and desist
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.
February 8th, 2023 at 12:01 PM ^
All the University had to do is say that a portion of the proceeds need to go to a mutually agreed charity or scholarship fund.
Everyone wins - instead of an f*ing cease and desist that pisses off a famous alum and makes the school look like douchebags.
February 8th, 2023 at 12:01 PM ^
Lewan dis u?
February 8th, 2023 at 12:10 PM ^
Or he could go through the licensing process like everyone else. I'm sure someone like Woodson would like free use of it also.
February 8th, 2023 at 12:54 PM ^
Though individual cases make it easy to call the University lawyers douchebags, if they allow it here, they would be legally required to allow it in all cases.
That would mean losing control of its copyrights.
February 8th, 2023 at 1:14 PM ^
Yep, this is exactly right. If you voluntarily don't enforce copyrights or trademarks, you lose the legal ability to do so in the future. You have to enforce it every time, or you can't ever enforce it. You're not allowed to selectively enforce it.
February 8th, 2023 at 1:37 PM ^
You can tell the people that have experience with IP attorneys.
February 8th, 2023 at 3:01 PM ^
This is not true for copyright. Intellectual property owners selectively enforce their copyright all the time. For one thing, they're required to in order to allow fair use; in other cases looking the other way for things like fan art may benefit the intellectual property owners (i.e., by encouraging fan communities).
You're right about trademarks, though; they have to be enforced, and that's why Lewan got a cease-and-desist.
February 9th, 2023 at 11:45 AM ^
Thanks for the correction; that makes sense.
February 10th, 2023 at 6:59 AM ^
Yes, thanks for the clarification.
February 8th, 2023 at 9:49 PM ^
First , I’m not saying you’re wrong or disagreeing with you , but what a spectacularly awful law .
Who determines if you selectively enforce it or not , who determines that you are aware of all people and their actions or intentions regarding your specific brand at all times ?
let me guess the phrase “ reasonably assume “ comes into play at that point .
February 8th, 2023 at 11:59 PM ^
Agree, and while a fantastic football player, it’s fine if M dissociates from Lewan, irrespective of the copyright issues.
Entertaining, fantastic athlete, not a person that embodies the best of M.
February 8th, 2023 at 10:19 PM ^
Yeah! Get a license like Brian and Seth did for Block MGoBlog
Sheez...the nerve.
February 8th, 2023 at 12:10 PM ^
Lewan makes the school look like douchebags. This also absolutely standard practice and the problem here is barstool and Lewan, not the school
February 8th, 2023 at 12:14 PM ^
I think the beef is that Nebraska isn't making them jump through hoops
February 8th, 2023 at 1:03 PM ^
OTOH, it seems like they may have used the wolverbear sailor logo which is protected, whereas the nebraska one has a picture of Matt Rhule and a generic skull and crossbones (not the official one that the team uses) which is NOT a copyright violation, I don't think (IANAL).
February 8th, 2023 at 5:54 PM ^
(IANAL)
I'm sorry...you what?
February 10th, 2023 at 2:33 PM ^
You know, it's what lawyers do to you :P
February 8th, 2023 at 1:21 PM ^
Did you read what he actually said? He said they have been "receptive" to the idea. That means nothing. If everyone just infers what they want, and presents it as reality... it's not great.
February 8th, 2023 at 12:16 PM ^
Yep. Lewan's the problem. He makes pro money, but needs to sell bootleg T-shirts?
February 8th, 2023 at 12:19 PM ^
Yep. Lewan's the problem. He makes pro money, but needs to sell bootleg T-shirts? Reminds me of union autoworkers using their break time to look for returnables.
This metaphor reminds me of the time someone had a pretty useless anecdote, and then went a mile out of their way trying to use it.
February 8th, 2023 at 8:15 PM ^
This reminds me of the time I was reading an mgoblog response and wished I had such a sharp wit. No /s. I love this.
February 8th, 2023 at 12:20 PM ^
next up, lewan selling a "fuck the buckeyes" t-shirt across the street from revelli hall on game days.
February 8th, 2023 at 1:00 PM ^
He's famous for some good and some bad... how he reacted in regard to the Brendan Gibbons situation makes all of his good obsolete. Lewan is indeed the douchebag.
February 8th, 2023 at 3:41 PM ^
A little disappointing to learn that the cease and desist is limited to selling unlicensed apparel.
February 8th, 2023 at 2:47 PM ^
To be fair, the “famous alum” isn’t free from the douchebaggery label himself. Lewan is pretty low on my list of alums, famous or not, that I want to avoid pissing off.
February 8th, 2023 at 2:58 PM ^
It's best for the University not to be associated with Barstool, regardless of whether a portion of the proceeds go to a good cause. There are plenty of ways to support good causes without tying yourself to that crew (with or without Lewan's involvement).
February 9th, 2023 at 9:39 AM ^
Allowing infringement while directing where proceeds go is exactly what the University can't do. It has to protect its marks no matter who infringes, and no matter whether it likes or dislikes the result. This is basic IT law, and especially important to a party such as the University with such valuable intellectual property.
Also, it's quite common for large organizations with valuable IP and a high rate of infringement (almost certainly the case with a university that has popular and well-liked marks) to outsource the cease-and-desist process to a law firm that employees contract attorneys and AI to identify probable instances of infringement and issue the appropriate letter. This is a good thing from an IP law perspective, since it makes it much less likely that the organization will pull punches in the case of infringement it "likes."
This is therefore a non-story. Of course Lewan received such a letter if he was infringing. It wasn't personal and the sender -- if human -- may not have known who he was (and didn't need to know).
February 8th, 2023 at 11:52 AM ^
I wish I could send a cease and desist to many more douchebags, TBH.
February 8th, 2023 at 12:03 PM ^
My guess is - you'd have quite a distribution list for the mail...
February 8th, 2023 at 11:56 AM ^
Can they please expand the letter to make all of Barstool cease and desist?
February 8th, 2023 at 11:59 AM ^
more like barfstool. haha.
February 8th, 2023 at 12:18 PM ^
Nice to have the old timers chiming in
February 8th, 2023 at 11:56 AM ^
I mean fair. I wouldn’t want my brand associated with Lewan and Barstool either
February 8th, 2023 at 12:03 PM ^
To be fair, Lewan and Will Compton presented their own made-up award to the team inside the locker room after the Nebraska game, hooked the entire OL/DL up with clothing gear in 2021, and held exclusive interviews during spring ball with Harbaugh, Corum, Zinter, Denard and Cade in 2022, it seems like the football program associates themselves pretty heavily with them.
February 8th, 2023 at 12:13 PM ^
But the program can get by just fine without Lewan. Not certain if the reverse is true.
February 8th, 2023 at 12:16 PM ^
Like him or not, a pro athlete with a multi-million dollar contract can get by just fine without his alma mater.
February 8th, 2023 at 12:35 PM ^
You are certain Lewan can get by without UM?? What an idiot 🤣🤣
February 8th, 2023 at 12:33 PM ^
I believe they also have their made up Nebraska v Michigan rivalry trophy with the other rivalry trophies as well. With that being said, it's pretty clear there is a big disconnect between different parts of the university and their priorities
February 8th, 2023 at 1:02 PM ^
Plus, regardless of what you think of Barstool, younger kids (re: recruits) love it and he has a platform that connects with the under 25 demo. Probably not a bad idea to have him involved in the program and be a vocal proponent.
February 8th, 2023 at 12:25 PM ^
Yeah, you wonder if Lewan and his history play a role.
February 8th, 2023 at 12:36 PM ^
Harbaugh is pretty strict on who he provides access to his program. The fact they are so heavily involved in different facets says the UM football program and MGoBlog/MGoBlog posters are not aligned on this one.
February 8th, 2023 at 12:42 PM ^
I think this used to be the case pre 2021. It was a common criticism of Harbaugh by a lot of former players. One of the big changes in Harbaugh revamping the program and changing is they’ve allowed a lot more access to former players to be around the program once again, the way it used to be in the Carr days. I doubt Lewan gets those interviews in 2015-2020.
I also don’t think we (or the University) should be taking cues from the football program, staff, or players in terms of who to associate with.
February 8th, 2023 at 3:57 PM ^
Edit: Never mind, was trying to post further up and accidentally posted in the wrong spot. Where's the delete button?
February 8th, 2023 at 11:56 AM ^
*edit.
February 8th, 2023 at 12:00 PM ^
edit**
February 8th, 2023 at 12:04 PM ^
I mean you can't just start selling merch with trademarked logos without asking then act like the one with the trademark is the bad guy.
Not sure why you'd put it on the school, Lewan probably should have approached them first if he wants to sell these shirts.
February 8th, 2023 at 12:57 PM ^
Agreed - he should have asked first.
However, this guy goes around pumping up Michigan football at every chance including his popular podcast the last couple of years. Also, I am sure that Michigan has been using his name, image and success in the NFL for recruiting OTs for much of the last 10 years as well.
So maybe some leeway for the guy instead of just going straight to legal process. Now, if they put out an olive branch and he said "f you" then I am all for the C&D but we all know that did not happen.
February 8th, 2023 at 1:09 PM ^
Not a lawyer but I’m pretty sure if you allow it and “give some leeway” in a one off, it becomes hard to fight legally when anyone else does it. You have to fight every instance of trademark infringement you come across or you risk losing control of your copyrights
Also, you don’t think Woodson would love to throw a block M for free on all his wine & whiskey bottles? Or Brady would love to sell TB12 merch with block Ms? Those two have done infinitely more for Michigan and Michigan football than Lewan yet even they know how to not infringe on trademarks. Maybe it’s asking far too much of Lewan to be smart & responsible, but Woodson made his whiskey bottles blue & yellow, threw a rose on the bottles, and called a batch of his whiskey “Batch 5” during march madness as an ode to the Fab 5. It’s really not that hard to avoid copyright infringement while still paying obvious homage to Michigan.