UW-Madison filed an unprecedented federal trademark infringement lawsuit Friday against Washburn University in Topeka, Kan. for its use of a W"" logo similar to UW-Madison's ""Motion W.""
""No matter how much people want to make fun of the oddity of the situation, the fact is we have a trademark protection on the 'Motion W' because people identify it very directly with the University of Wisconsin,"" said Casey Nagy, special assistant to Chancellor John Wiley.
Dena Anson, Washburn University relations director, said Washburn has been using its ""W"" since the mid-1990s primarily as a logo for its athletic department.
""Every 'W' shares similar characteristics,"" Anson said, adding in Washburn's opinion, several ""significant points of difference"" exist between the logos.
""We're totally different colors. [Wisconsin's] is shaded - o - oours has an outline.""
Washburn's athletic logo is blue, with a white and blue border.
""We're rather perplexed,"" Anson said of the lawsuit. ""I find it interesting that anyone would confuse Washburn and Wisconsin.""
Nagy said the fact that Washburn's logo is a different color does not excuse it from the law.
""This is a legal protection and so we have to proceed as the law requires in order for us to preserve the option in the future for maintaining the integrity of the 'Motion W' as something that the University of Wisconsin is directly associated with,"" Nagy said.
The university has dealt with cases of infringement before, however, Nagy said this is the first one where the university has sought legal protection.
He said the university receives dozens if not hundreds of complaints from alumni each year complaining of different schools - o - omostly high schools - o - othat use a ""W"" similar to UW-Madison and insist the university pursue legal action.
Nagy said in other infringement cases the university has sent schools a notification letter and worked closely with them to phase-out the logo to avoid additional financial impact.
He said similar tactics have been used with Washburn over the past six years, but the two schools have not been able to cooperate on the issue.
""The fact is, as much as we never wanted to get to this point, and tried everything possible to avoid getting to this point, it becomes necessary in the end to tell somebody who is willfully violating your trademark that they have to stop,"" Nagy said.
Neither Nagy nor Anson knew how much the litigation process would cost their respective universities, adding it was impossible to predict because of so many variables associated with lawsuits.
Nagy said the next step is for Washburn to file an answer to UW's complaint.
Anson said Washburn planned to proceed with the lawsuit and to ""respond in the proper legal manner.""
According to UW's complaint, the university seeks a court order, which would ban Washburn from using any of Wisconsin's trademarks and recall any previously sold infringing products. UW-Madison also seeks compensation for any earnings on the logo, as well as punitive damages.
