If you have filled out a bracket for the NCAA basketball tournament, it is probably already a complete mess by now. To help take the sting out of your (and our) busted brackets, let’s talk mascots!
The most common mascots are anthropomorphic figures that appear in costume at events and are often represented in cartoon form on promotional materials, apparel, and other products. While it is possible to protect intellectual property rights around mascots, the challenge is that the physical embodiment of the mascot is constantly in motion. A trademark application could cover a signature pose or other common depiction, and the image must continue to be used for the goods and services covered by a registration.
Unlike the school name, nickname, or slogan, the mascot is also a work of visual art and is many times turned into a costumed character that appears at games and other university events. Copyright protection for the depiction of the mascot can be another helpful tool for IP protection. (And speaking of slogans, a shout-out to all those slogans that don’t make a lot of sense to anyone who’s not familiar with team lore. For example, Auburn University’s WAR EAGLE – the team mascot is a tiger – and the University of Kansas’ ROCK CHALK JAYHAWK – a favorite of our own Katrina Hull – come to mind.)
Speaking of Mascots and Nicknames, some match-ups we’d like to see include:
The battle of the live mascots
Mascots weren’t always costumed characters. The Ohio State University’s Brutus Buckeye reportedly was the first collegiate costumed mascot. Before that, many teams used live animals – and some still do, like Ralphie for the University of Colorado Buffaloes who makes regular appearances at football games.
This year, some animal versus animal mascot match-ups could be among the University of Texas at Austin’s longhorn steer Bevo, the University of Tennessee’s bluetick coonhound Smokey, the Texas A&M Aggies’ collie Reveille, the University of Southern California Trojans’ horse Traveler, and the University of Arkansas Razorbacks’ Russian boar Tusk.
Same species showdown
The most-represented creature in this year’s tournament is the wildcat, with the University of Arizona, the University of Kentucky, Kansas State University, and Northwestern University all cheering on their own specific wildcat. All these wildcats bring up an interesting question. How do colleges and universities, which often have similar color schemes, mascots, or logos, avoid trademark disputes?
We don’t know for sure, but we’d suspect there are a few co-existence agreements in place between schools in the tournament. Co-existence agreements set forth the differences between trademarks and the measures the marks’ owners will take to avoid consumer confusion. This might involve tweaks to the marks, distinct color schemes or depictions of mascots, disclaimers included on websites, and more. When used successfully, co-existence agreements can help trademark owners to maintain their distinct brands and avoid future disputes.
No mascot match-ups
There are a few teams in this year’s tournament that don’t have official mascots, including the University of Illinois and the University of Indiana. The teams are called the Fighting Illini and Hoosiers, respectively, but are not represented by a character. Although recently a non-binding student resolution passed by University of Illinois student government in 2020 recommended the belted kingfisher as a new mascot. An aptly named anthropomorphic cayenne pepper called Cayenne rooted for the University of Louisiana at Lafayette from 2000 to 2010, though the school does not currently have a mascot.
Finally, a belated happy anniversary to Mr. Wuf and Ms. Wuf, the mascots of the North Carolina State Wolfpack. Their nuptials on February 28, 1981, were presided over by the Demon Deacon of Wake Forest University during halftime of a game between the two schools. It’s nice to know that some things in college sports are meant to last. Just maybe not your bracket.