Board of Governors of the University of North Carolina v. Helpingstine

714 F. Supp. 167 (1989)

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Board of Governors of the University of North Carolina v. Helpingstine

United States District Court for the Middle District of North Carolina
714 F. Supp. 167 (1989)

Facts

The University of North Carolina (the university) (plaintiff) was a state-funded university with its main campus located in Chapel Hill, North Carolina. Prior to 1982, the university made no attempt to license the manufacture and sale of items bearing the university’s name or logo. In 1982, however, the university registered four trademarks with the United States Patent and Trademark Office. These included the university’s seal, name, the letters “UNC,” and the tarheel foot logo. Charles Helpingstine (defendant) operated Johnny T-Shirt, a retail store that sold merchandise to the public. Johnny T-Shirt sold merchandise containing the university’s trademarks but did not have a license to do so. The university filed a lawsuit against Helpingstine, alleging trademark infringement under the Lanham Act. Helpingstine responded that the university had abandoned its trademark rights by not licensing them prior to 1982, or, in the alternative, that their use of the trademarks did not create the likelihood of confusion. Helpingstine also filed a counterclaim, alleging violations of the Sherman Act, among other things. Both parties filed motions for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Bullock, J.)

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