Ohio State University Uses Nuclear Option On Ohio University Licensing
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Ohio State University Uses Nuclear Option On Ohio University Licensing
(Columbus, OH) Frustrated by Ohio University’s insistence that Ohio State refrain from breaching licensing agreements that regulate the proper use of the word “Ohio” on OSU merchandise, OSU launched a “nuclear option” using a little-known clause in the school’s 1870 official founding documents.
The 1870 clause gives Ohio State wide licensing rights not only of their own school, but other public universities in the state. At that time, Ohio University in Athens and Miami University in Oxford were small schools expected to be annexed by OSU by 1875. The clause gives OSU the power to seize licensing rights from any other Ohio public university, part of a greater vision by then governor Rutherford B. Hayes to consolidate state higher education in Columbus.
“Using our ironclad 1870 right to seize licensing, Ohio State hereby announces control of the trademarks, logos, colors, copyright and licensing rights for the terms ‘Ohio University,” ‘Ohio Bobcats,’ ‘Ohio U,’ ‘OU Oh Yeah,’ ‘OU,’ and ‘Marching 110.'” said OSU lead attorney David Scarlet at a recent press conference.
“Going forward, we also assert our rights to the terms ‘Palmerfest,’ ‘Springfest,’ ‘Jeff Hill,’ ‘Rufus the Bobcat,’ ‘Halloween in Athens,’ ‘Athens Halloween Block Party,’ ‘Uptown Athens,’ ‘Court Street,’ ‘Green Beer Day,’ ‘Bong Hill,’ ‘Win or Lose, Bobcats Booze,’ ‘The #Fest,’ and any other appropriate terms we haven’t covered here,” Scarlet said.
The reaction in Athens was swift. Students and faculty immediately created the TAKE BACK OHIO march which moved slowly from Athens towards the state capital. “This is obviously bogus, outrageous and illegal,” said march organizer Hunter G. A. White, a junior majoring in political science. “What 1870 clause? I’ve got your 1870 clause right here! But frankly, we were tired of their BS anyway, so now we can finally battle it out once and for all.”
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