Bucky Badger Trademark Dispute: University of Wisconsin's Legal Tussle with a Houston Economist
Nov 19, 2022; Lincoln, Nebraska, USA; Bucky Badger reacts after a play by the Wisconsin Badgers during the third quarter against the Nebraska Cornhuskers at Memorial Stadium. Mandatory Credit: Dylan Widger-USA TODAY Sports
© Dylan Widger-USA TODAY Sports
The 'Badgering' Begins: A Bumpy Road to Trademarking
When Ed Hirs, an energy economist at the University of Houston, coined the terms "buckynomics" and "buckymarkets," he couldn't have predicted he'd end up in a legal battle with the University of Wisconsin and its iconic mascot, Bucky Badger. But according to a report from the Houston Chronicle that is exactly what is happening.
"I am being badgered by a badger," Hirs quipped.
Opposition from the University of Wisconsin: A Mascot's Might
The tussle began when Hirs applied to trademark the two terms, intending to use them in his lectures and academic papers. Wisconsin took issue, arguing that these terms could be confused with their established "Bucky Badger" trademark.
John Lucas, a spokesperson for the University of Wisconsin, has stated, "The Board of Regents of the University of Wisconsin owns and controls several logos, seals, symbols and trademarks directly associated with the University including word marks 'Bucky Badger' and 'Bucky". All trademark applications are reviewed. When an entity attempts to register one of our marks, the university must and will take appropriate action."
The Science Behind 'Buckynomics' and 'Buckymarkets'
Hirs came up with the words from the term 'buckyballs,' which originated from buckminsterfullerene, a form of carbon discovered by scientists at Rice University in the 1980s. He saw similarities between the complex structure of the molecules and the intricate markets he focused on.
The Legal Labyrinth: What Lies Ahead
Karen Tripp, an intellectual property attorney based in Houston, represents Hirs. According to Tripp, the Patent and Trademark Office will assess whether the terms create confusion between Bucky Badger and Hirs' academic concepts.
If the Patent and Trademark Office sides with the University of Wisconsin, Hirs could find himself facing ongoing legal challenges, potentially even in court.
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