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Board of Regents v. KST Electric, Ltd.

550 F. Supp. 2d 657 (2008)

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Board of Regents v. KST Electric, Ltd.

United States District Court for the Eastern District of Texas
550 F. Supp. 2d 657 (2008)

RW

Facts

The registered trademark of University of Texas at Austin (UT) athletic teams was a stylized longhorn steer’s head. Two UT fans developed a similar logo to represent their company, KST Electric, Ltd. (KST) (defendant). On UT’s behalf, the Board of Regents of the University of Texas System (board) (plaintiff) filed a multi-count Lanham Act suit against KST. The most controversial count alleged trademark dilution, a tort redefined by the Trademark Dilution Revision Act of 2006 (TDRA). KST, in its defense, cited survey findings that only 5.8 percent of general consumers in the United States associated the longhorn logo exclusively with UT. The board attacked the survey’s methodology as deeply flawed. The board cited the sponsorship of UT sports teams by nationally known companies like Coca-Cola and Nike. The board also cited a survey showing that the UT logo had nearly universal recognition among nationwide fans of college football and basketball. KST moved for summary judgment on all counts. A federal magistrate judge recommended that the district court deny KST’s motion as to all counts except the trademark-dilution charge.

Rule of Law

Issue

Holding and Reasoning (Yeakel, J.)

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