UPDATED: Back of scoreboard - Maize M looks a-go

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July 28th, 2011 at 11:14 AM
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MGoBender
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UPDATED: Back of scoreboard - Maize M looks a-go

From 9:45 this morning, I took these on my morning run.  Drove by 20 minutes ago and looks the same...

 

 

 

 

It might be hard to see, but that maize strip on the bottom ends before the panel ends, so that is the width of the foot the the block M.

If I'm not too busy, I'll update here in the afternoon.  When I drove by around 10:50 they had another blue piece hanging from a crane.  Watching paint dry has never been so fun.

EDIT: About 5:20pm on Thursday:

 

 

And here's a shot of the almost completed Elbel Field Band Practice field, now turfed:

 

CoE Class of 2007

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July 28th, 2011 at 11:15 AM | Can't wait to see it in (Score:1)
triangle_M
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Can't wait to see it in person when I come in for the SDSU game.

 


And when we play as a team, when the old season is over, you and I know it’s going to be Michigan again. Michigan!

 

July 28th, 2011 at 11:18 AM | It was overcast and kinda (Score:3 Normal)
MGoBender
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It was overcast and kinda dark.  Also, it was a camera phone.  It is not as dark as it looks in these pictures - it's solidly maize.

CoE Class of 2007

July 28th, 2011 at 11:19 AM | I think I read a while back (Score:2)
chunkums
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I think I read a while back that Nike has a patent on "maize" so we haven't actually even worn it for a while now.

 

 I don't think we can honestly say that any of our current uniforms have this color.

For today, goodbye. For tomorrow, good luck. And forever, Go Blue.

July 28th, 2011 at 11:26 AM | "Nike has a patent on (Score:1)
ReadYourGuard
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"Nike has a patent on Maize.".

That is infuriating. 

"the Spirit of Michigan...is based on a deathless loyalty to Michigan and all her ways....and a conviction that nowhere is there a better university, in any way, than this Michigan of ours" - Fielding Yost
July 28th, 2011 at 11:30 AM | not likely (Score:1)
dahblue
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I don't think that's correct.  You wouldn't patent a color.  You might be able to get a trademark for a color, but even that seems unlikely in this instance.  I'll do a little digging and report back.

July 28th, 2011 at 11:33 AM | I am in advertising and (Score:5 Normal)
RowoneEndzone
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I am in advertising and marketing and I am pretty damn sure you can't patent a color.

"Wasn't that Michigan drive just great.  That's like Patton riding into Berlin." ~Bob Ufer

July 28th, 2011 at 11:45 AM | You can't patent it, but you (Score:2 Normal)
Deep Under Cover
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You can't patent it, but you can trademark it I believe.  I think I have said before that Nike holds a patent on the color, but I really meant a trademark.

My business law class did teach us about one such case, can't remember the product, but it was some green color that was synonymous with one brand and a court determined it could not be used by a competitor...

Deep under cover in THE enemy's territory

July 28th, 2011 at 11:58 AM | The best known example is (Score:3 Normal)
OldManUfer
Joined: 07/16/2008
MGoPoints: 389

The best known example is probably pink Dow Corning fiberglass insulation.

The case you're referring to set the precedent in the US. It was Qualitex v. Jacobson, which made it to the Supreme Court (see http://en.wikipedia.org/wiki/Qualitex_Co._v._Jacobson_Products_Co.,_Inc.).

For the record, I think it's unlikely that Nike has trademarked Maize.

God bless every single one of your cotton pickin' Maize and Blue hearts

July 28th, 2011 at 12:11 PM | I learn something new every day. (Score:1)
Section 1
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For instance, I did not know that permissible citation form on MGoBlog allowed citation to a Wikipedia link, as opposed to Westlaw, Lexis, or the official reports at ___ U.S. ___.

Seriously, I agree.  If Nike has trademarked "Maize," it is not a color, but a name only, and there only in connection with a limited range of products.  As anybody who gets six catalogs a day from Orvis, Jos. A. Bank, Brooks Brothers and Patagonia knows, there are people whose full time jobs are to dream up names for colors.  And if adidas uses "Sun" as a color name, it is no different from "Eggplant," "Sage," "Coffee Bean," "Midnight," or "Kumquat."

 

 

July 28th, 2011 at 12:25 PM | I know you were just kidding, (Score:2)
OldManUfer
Joined: 07/16/2008
MGoPoints: 389

I know you were just kidding, but for the record I'm not a lawyer. Also in the spirit of full disclosure, I got my Cornings crossed in my previous post. It's Owens, not Dow.

God bless every single one of your cotton pickin' Maize and Blue hearts

July 28th, 2011 at 1:21 PM | correct (Score:1)
michfan4borw
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Pink for insulation is a very popular example of trademark protection.  Another is "canary yellow" for post-it notes made by 3M.  Qualitex was for a shade of green, I believe, as applied to press-machines or ironing-boards for cleaning clothing/apparel.

Every man at some point is gonna lose a battle. He's gonna fight and he's gonna lose. But what makes him a man, is that in the midst of that battle he does not lose himself. This game is not over, this battle is not over. So let's hear it .

July 28th, 2011 at 11:48 AM | I checked the USPTO (I'm a (Score:2 Normal)
dahblue
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I checked the USPTO (I'm a lawyer, but you don't have to be an atty to do so):

 

There is no "maize" TM that applies here.
"Maize Rage" is a registered TM (owned by the University)
"Michigan Man" is a registered TM (owned by a guy from PA)
"Michigan" (for apparel) is a registered TM (owned by the University)
The shitty "line M" is a registered TM (owned by the University)
etc. etc. etc.

July 28th, 2011 at 11:57 AM | Yes. Sorry, it seems the (Score:1)
dahblue
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Yes.

Sorry, it seems the links don't work but the TESS system is really easy for searching marks.  Just go to this site:  http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4010:5t8kc7.1.1 and you'll be able to search for anything you'd like.  It's somewhat self-explanatory, but you'll be able to see the type of use, dates, whether live/dead, owner, etc.

July 28th, 2011 at 1:33 PM | " Michigan Man" So, you can (Score:1)
skunk bear
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" Michigan Man"

So, you can trademark anything that hasn't already been trademarked?

 

So if  "buckeyes" hasn't already been trademarked, you could do it?

July 28th, 2011 at 1:52 PM | Not really.  Think of it as (Score:1)
dahblue
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Not really.  Think of it as "registering" a mark.  Registering gives you certain advantages (presumption of knowledge and whatnot) over not registering, but you don't have to register a mark for it to exist and to have common law rights in your mark.  You can also register a mark for certain uses (say "Skunk Bear" for a brand of tobacco in Michigan) even if there already exists another registration for "Skunk Bear" for an airline in Alaska.  Fun stuff, eh?

July 28th, 2011 at 1:18 PM | the winged-helmet design (Score:1)
michfan4borw
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is also protected by trademark law for Michigan, I'm pretty sure.  It's probably under trade dress specifically.  I think one argument against protecting it was that it had a functional use (functional aspects of a logo/design are generally not protectable under TM law), b/c it made it easier for the QB to see receivers down field. 

Every man at some point is gonna lose a battle. He's gonna fight and he's gonna lose. But what makes him a man, is that in the midst of that battle he does not lose himself. This game is not over, this battle is not over. So let's hear it .

July 28th, 2011 at 1:25 PM | Yes (Score:1)
Mario
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Block M, Helmet, etc... can not be used without permission from UofM.

July 28th, 2011 at 3:45 PM | Looks like we have some (Score:2)
IncognitoWolverino
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Looks like we have some copyright infringement with some avatars here on the board...

"Be kind, for everyone you meet is fighting a hard battle."

July 28th, 2011 at 4:06 PM | Do we have some kind of (Score:3 Normal)
jmblue
Joined: 11/07/2008
MGoPoints: 28962

Do we have some kind of understanding with Missouri about the Block M?  They certainly use it (in similar colors, too).

July 28th, 2011 at 12:10 PM | Jay-Z Blue? (Score:2)
KevbosLastingLessons
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Jay-Z Blue?

Final Four Thoughts!

July 28th, 2011 at 1:29 PM | UPS has the color brown (Score:1)
DIABEETUS
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UPS has the color brown trademarked. Look it up. Such trademarks only apply to competing businesses, though. (Example: Fed-Ex can't decide to paint all of their trucks brown.) Thus, I think it's entirely feasible that Nike trademarked maize... And this trademark would mean that Adidas can't call the shade of yellow they put on our uniforms maize.

It's all pointless technicality, since a Nike trademark can't stop a school from wearing its colors.

Michigan: 903–315–36 (Best in NCAA)
vs Ohio State: 58-44-6
vs Notre Dame: 23-16-1
vs MSU:  68-32-5
vs B1G: 522-197-24
vs SEC:  20-8-1
vs PAC 12: 48-24-1
vs Big 12: 10-5-1<

July 29th, 2011 at 4:54 PM | Patent and Patton (Score:1)
MichiganPhotoRod
Joined: 08/04/2009
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Great job on using both in one post.

A proud first member of the Hoke Pointed at Me Club since 1/12/11.

July 28th, 2011 at 11:42 AM | Agreed (Score:1)
OldManUfer
Joined: 07/16/2008
MGoPoints: 389

I've never seen precedent for patenting a color, I can't imagine it would fly. Trademarking, on the other hand, is often used to protect colors. In this specific example, I can tell you that Michigan does have a trademark on the colors Maize and Blue, a fact verified during the Budweiser dust-up of 2009:

 

http://www.michigandaily.com/files/Frank%20Hellwig%20072209.pdf

God bless every single one of your cotton pickin' Maize and Blue hearts

July 28th, 2011 at 11:49 AM | From what I've heard (Score:1)
truferblue22
Joined: 06/30/2008
MGoPoints: 87

Nike's version is, in fact, trademarked and what we have been wearing since Adidas took over is actually called "Sun"

~Sean

July 28th, 2011 at 1:15 PM | registering a valid trademark (Score:1)
michfan4borw
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in a color is a rarity relative to other designs protected by trademarks.

Every man at some point is gonna lose a battle. He's gonna fight and he's gonna lose. But what makes him a man, is that in the midst of that battle he does not lose himself. This game is not over, this battle is not over. So let's hear it .

July 28th, 2011 at 2:16 PM | Thanks in advance for the research (Score:2)
Michigasling
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I'd heard that too (something related to new uniforms to one of the women's teams), and was just as outraged, considering that maize (and Michigan's maize) existed long before Nike came on the scene.  And left, ostensibly taking its stolen toys with them.  Look forward to hearing it's nonsense.

EDIT: Obviously posted before reading the posts below. 

July 28th, 2011 at 11:39 AM | This business about Nike having a "patent" on a color... (Score:5 Normal)
Section 1
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...keeps appearing here.

You don't "patent" colors.  I don't even think you can "copyright" or "trademark" colors.  But you can trademark colors, when combined with other trade-mark features.

Anwyay, I'm sorry if this seems to be picking on you, but I've posted this many tmies before; the simple fact is that Michigan's "maize" has been evolving, gradually, ever since we donned winged helmets.  From a dusky wheat color, to our current highlighter-brite.  A more or less constant, gradual shift to brighter brightness.

It has nothing to do with Nike versus adidas.  N-o-t-h-i-n-g. 

Interesting, for purposes of this thread, is that in much of color photography, Michigan's maize tended to look a lot duller than in person.  It is true on television too.  I've never aksed Bruce Madej about it, but I think that has been the prime motivator in bright-bright maize on our uniforms; when shown on television or in much of color photography, the color shift tends to make it a similar pantone to what appears on color print as our more traditional "maize," i.e. the Block M on University stationery.

Now, back to topic.  That is going to be one big Block M on that scoreboard!

 

 

July 28th, 2011 at 1:13 PM | mostly correct except that (Score:1)
michfan4borw
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a color or color scheme can be protected under trademark (which also encompasses trade dress) law.  I work in IP litigation and have come across this principle of law before and somewhat recently.

Every man at some point is gonna lose a battle. He's gonna fight and he's gonna lose. But what makes him a man, is that in the midst of that battle he does not lose himself. This game is not over, this battle is not over. So let's hear it .

August 1st, 2011 at 11:18 AM | The Michigan Daily disagrees (Score:2)
Geaux_Blue
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DEMAND THEIR SOURCES

http://www.michigandaily.com/content/lexi-zimmerman-and-courtney-fletcher-hurrah-sun-and-blue

July 28th, 2011 at 12:24 PM | Trade Dress (Score:1)
dmozz
Joined: 07/13/2009
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As others have said, its not patent law specifically.  It would technically be an intellectual property called "Trade Dress", part of the Lanham Act which also govenrs trademark law.  To officially register it though, you would go through the Patent and Trademark Office, PTO, so that may be where the confusion originates.

http://en.wikipedia.org/wiki/Trade_dress

Years back I participated in securing trade dress protection for a company I was working for.  We secured our color combination in a specific industry.  Trade dress usually applies to aestheic properties of something that stand for your brand, but not as outright obvious like a symbol or logo. You can trade dress your colors, the shape of your product (I believe VW tried to get trade dress protection for the shape of the Beetle), and Harley Davidson even tried to get trade dress protection for the sound its bikes make (they failed if I remember right).

Its a segment of intellectual property that is often underused in business.  A good way to protect whats yours, and protect your differientiation.   

 

July 28th, 2011 at 1:06 PM | Nike has a color called (Score:1)
BrownJuggernaut
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Nike has a color called "Varsity Maize."

Avatar is a reference to this. Go Blue!

July 28th, 2011 at 3:11 PM | I do not beleive it is (Score:2)
SMFH58
Joined: 04/11/2011
MGoPoints: 70

I do not beleive it is possible to pattent a color. It might be possible to trademark a color but I doubt it.

"No man is more important than The Team. No coach is more important than The Team. The Team, The Team, The Team" - Bo

July 29th, 2011 at 7:36 AM | I don't know about patenting (Score:3 Normal)
74polSKA
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I don't know about patenting colors, but Nike definitely has the market cornered on hideous Oregon unis.

July 29th, 2011 at 4:19 PM | The only long-term question I see for Oregon (Score:2 Normal)
BlueDragon
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What happens when Phil Knight isn't head of Nike anymore?  Will Oregon continue getting cushy deals from its "corporate sponsor," as it effectively is today?  Not to mention the effect of Will Lyles spilling his guts.

Abort, Retry, Fail?

August 1st, 2011 at 12:46 PM | I'm sure Knight will donate (Score:3 Normal)
74polSKA
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I'm sure Knight will donate the use of his defense team for the hearing with the NCAA.  He'll do anything to keep his team from serious sanctions.  Oregon's rise to national prominence is probably the cheapest marketing campaign Nike has had.  What do a few hundred uniforms a year and remodeling some facilities cost compared to paying for their ad campaigns over the years.  Plus it's all tax deductible.

July 28th, 2011 at 11:19 AM | To me it looks like the (Score:1)
dahblue
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To me it looks like the traditional "maize" (whatever that means).  The neon yellow vibe of the student shirts wasn't in use back in my day (the late 1800's).

July 28th, 2011 at 12:24 PM | I tried to fact check this (Score:1)
RowoneEndzone
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I tried to fact check this and I can't find any color photos from the 1800's. Can someone help me out here?

"Wasn't that Michigan drive just great.  That's like Patton riding into Berlin." ~Bob Ufer

July 28th, 2011 at 11:20 AM | You have been conditioned to (Score:1)
mgokev
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You have been conditioned to believe maize = hilighter yellow

GO BLUE

July 28th, 2011 at 11:23 AM | Maize should be the color of (Score:3 Normal)
Baldbill
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Maize should be the color of a ripe cob of corn that is freshly harvested.

Semper Fidelis

July 28th, 2011 at 11:44 AM | I dunno, that's a pretty pale (Score:3 Normal)
Feat of Clay
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I dunno, that's a pretty pale color until it's cooked. 

The real problem?  Now I am really hungry for some sweet corn, with no prospects for getting any for the next six hours or more.

 

Candace: No... That why they make smart word box for tell monkey hard brain-hurty things.
Phineas: Removing prepositions makes it more condescending.
July 28th, 2011 at 11:17 AM | Excellent work!  Thanks for (Score:1)
dahblue
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MGoPoints: 1468

Excellent work!  Thanks for the update.  One would think that we would have more pressing concerns (debt ceiling, peace on earth, famine, war)...but one would be incorrect.  Very happy to see the simple Block M on the board!

July 28th, 2011 at 11:20 AM | Awesome, thanks. (Score:3 Normal)
Rashman
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I just hope it's a straight block M and not the split M with the lettering through it.

EDIT:  I imagine we would already see some of the lettering hanging off the right side if that were the case, so that's a good sign.

http://www.logos.umich.edu/usemarks.html

PLEASE NOTE: The “split block M”—the version that has the word Michigan written across the M—is offered as an alternative here only because it was registered and in use prior to these guidelines. It should be used sparingly and only in settings where we need to graphically distinguish ourselves from another university that uses some form of an "M" as their logo, such as the University of Minnesota. This version of the Block M should not be used as a department logo, or on print pieces or web banners created in the future.

"True loyalty is that quality of service that grows under adversity and expands in defeat. Any street urchin can shout applause in victory, but it takes character to stand fast in defeat. One is noise - the other, loyalty." -Fielding Yost
July 28th, 2011 at 12:33 PM | Straight, clean Block M for sure... (Score:2)
chrs5mr
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MGoPoints: 180

I think it would have to be a clean Block M and nothing through it.  Aug of last year, Dave Brandon and Bruce Madej from the Athletic Dept all said that there is an effort to have a more consistent look to the logo and a yellow Block M. 

July 28th, 2011 at 11:20 AM | Good photos - these also (Score:2)
blueblueblue
Joined: 12/29/2008
MGoPoints: 2257

Good photos - these also really put the size of the board into perspective.  

July 28th, 2011 at 11:36 AM | The stairs (Score:1)
jshclhn
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MGoPoints: 495

With the stairwells in the middle, you can see the screens are a good four stories tall.

Crunch. Zip. Live to fight another day.

July 28th, 2011 at 11:20 AM | I'm just jealous your morning (Score:5 Normal)
soup-er-UM
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I'm just jealous your morning run takes you past the big house

July 28th, 2011 at 11:53 AM | My thoughts exactly! (Score:1 Redundant)
thisiscmd
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My thoughts exactly!

That's just like your opinion man...

July 28th, 2011 at 4:22 PM | Sigh, me too (Score:1)
jwschultz
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MGoPoints: 448

All of my runs used to do the same... but now I am in exile, and have actually seen this fucking thing (linked instead of embedded to give everyone a chance to avoid seeing it) on a morning run during football season.

July 28th, 2011 at 5:00 PM | Oh god (Score:1)
BlueDragon
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Not the Wagon of Shame!

Abort, Retry, Fail?

July 28th, 2011 at 11:24 AM | Our already awesome stadium (Score:2)
Trebor
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Our already awesome stadium is going to be even more awesome now. I'm so excited for football season that I want to start headbutting my co-workers.

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