Friday, April 30, 1999


THE POST


Athens, Ohio * An Independent Daily Newspaper * Ohio University
Settlement reached in 'Ohio' legal fight
AP

COLUMBUS (AP) - Why, oh why, must they fight over ''Ohio''?

Ohio State University and Ohio University have settled their trademark dispute about the word ''Ohio,'' a fight involving millions of dollars from the sales of sweatshirts, hats and other paraphernalia.

Both schools confirmed the agreement yesterday and said attorneys were meeting to work out details. They declined to comment further until they issue a joint statement, which may not be released until early next week.

The Columbus Dispatch reported that Ohio University gets the trademark under the deal while Ohio State keeps some rights to the word ''Ohio'' in future marketing and merchandising.

Previous to this week's compromise, the debate over the rights to "Ohio" had drawn national attention .Earlier this school year, the battle was presented to a nationwide television audience on the NBC morning news program, Today.

Lawyers for the schools agreed Wednesday on a proposal worked out by the universities' presidents, old friends who have been handling the matter personally, the Dispatch reported.

Ohio University President Robert Glidden sent the proposal to OSU President William Kirwan on Monday following a meeting the two had last week.

Ohio University's trademark royalty revenue is about $100,000 a year, about half of which stems from items displaying the Ohio trademark.

Ohio State gets about $3 million a year in royalty income, but little of that is from merchandise with just Ohio on it, said Anne Chasser, OSU licensing director.

The Big Ten school has an enrollment of 55,000 and a large sports following, particularly for its nationally ranked football team and this year's basketball team, which went to the Final Four.

Ohio University is a smaller, Mid-American Conference school 65 miles southeast of Columbus in the Appalachian town of Athens.

Its enrollment is about 19,500.

In the early 1990s, Ohio University obtained a trademark registration for the word ''Ohio'' on uses such as athletic clothing.

Ohio State did not respond to the situation until it discovered in 1997 that its rights to such names as Ohio Stadium might technically be in jeopardy.

Ohio University said it would allow such uses to continue.

But Ohio State, concerned that the trademark might overly restrict its future uses of Ohio, challenged the registration.

The search for legal precedent consumed some researchers at both universities.

Ohio turned to the example of Oklahoma and Oklahoma State, where the trademark on that word was denied to OSU and granted to Oklahoma.

The schools' legal affairs and public relations offices began a high-profile fight in December 1997. That's when Ohio State sent its objections to the U.S. Patent and Trademark Office over Ohio University's exclusive right to the word.

Their dispute was headed for the Trademark Trial and Appeal Board in Washington, until the universities' leaders reached the settlement.


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