Recently The Ohio State University (yes, that one) suffered a
loss before the U.S. District Court for the Southern District of
Ohio in a home game against visiting Redbubble, Inc. OSU had sued
Redbubble for trademark infringement, unfair competition, and other
claims due to Redbubble's alleged use of certain trademark
rights owned by OSU, but lost in cross motions for summary
judgment.1 The facts of the case provide a good
illustration of the kinds of enforcement issues universities have
to face as well as the kinds of policing courts may (or may not)
expect online platforms to conduct.
OSU is a public university in the Midwest somewhere just south
of Michigan. It owns a number of trademarks, including many that
are federally registered, such as BUCKEYES, the fearsome mascot of
OSU sports teams. It has a few fans (at least one of whom works
down the hall from me). In fact, the fans are so supportive of OSU
sports that one publication
reported that OSU received $17.2M
