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Double-T Nation Daily Diatribe :: 01.18.10

Quiet Day:  It's a pretty quiet news day, so there's not much information out there this morning.  We've got a couple of things going on at DTN today, which includes Most Improved Defensive Player, and a poll, yes a poll, in this morning's DTN DD.  The question is if you subscribe to one of the recruiting services?  This is just me being curious and who DTN's audience is.

Prepare for Trademark Lawsuits:   The LAJ's Adam D. Young writes that there is a possibility that Texas Tech University may be investigating lawsuits against non-licensed t-shirt vendors who sold t-shirts in support of Leach during and prior to the Alamo Bowl.  On one hand, Texas Tech has a duty to protect their trademark, but the quote from one of the individuals who sold these t-shirts was that they were careful not to use any trademarked images, but did use pirate-themed imagery, which the university has had licensed.  The university also mentions that they will go after vendors that use the university colors without proper authorization.

Let's all keep this in mind when the DTN t-shirt design of 2010 starts up in about a month.

Corker Remains Committed:  Good news, per ESPN's Gerry Hamilton, it appears that Florida WR Shawn Corker remains committed to Texas Tech.  Apparently Corker texted to Hamilton that Corker was expecting that Texas Tech head coach Tommy Tuberville will be heading to Florida this week:

The 6-foot-1, 180-pounder with impressive change of direction and stop-start ability said (via text message) this afternoon that he remains committed to Texas Tech. He is expecting a visit from Tuberville next week. He is unsure of which day the visit will take place.

If Tuberville is making a visit to Florida to see Corker, you can almost bet that he'll be making a few more stops along the way to see fellow Texas Tech commits in WR Kadron Boone and brothers, RB/WR Ben McRoy and WR Javares McRoy.

Air-Raid Proponents:  Lexington-Herald's Mark Story writes this morning about Tuberville hiring Tony Franklin coaches to help him run some version with the spread offense:

Last week, Texas Tech hired Franklin protege Neal Brown as its offensive coordinator. Brown, the former UK and Lexington Horsemen wideout, moved up from coaching receivers and took over the reins of the Troy offense after Franklin went to Auburn. Brown will rejoin holdover offensive line coach Matt Moore, who was with Franklin at Troy before Leach wooed him away for Tech.

The Dothan Eagle (Ala.) also reported Friday that ex-UK player Chad Scott, another Franklin hire, was moving from running backs coach at Troy to the same job in Lubbock. So what does Franklin, 52, a former longtime Kentucky high school coach, think of it all?

"I take it as a compliment," Franklin said Friday. "In coaching, you get to my age, and it's a little bit like being a father. You take more pride in what your 'children' do than you do in your own accomplishments."

In spite of his own very sour experience working for Tuberville, Franklin says he encouraged Brown, the former Boyle County High receiving standout, to accept the offer to go to Texas Tech.

"It's a totally different situation than mine," Franklin said. "You're walking into a place where they've been doing what we do for 10 years already. It's a great situation for Neal. You've got good players. They're great at what we do already. You don't have to fix something that's broken."

I haven't seen some of this reported elsewhere, or maybe I've just forgotten, but it appears that Tuberville has hired Chad Scott (Troy University bio here), who was also at Troy last year with offensive coordinator Neal Brown, as the new running backs coach for Texas Tech.  Scott played for Tony Franklin when Franklin was coaching at Kentucky. 

So Brown has assembled a good part of the Troy Trojans gang in that Brown retained former Troy offensive line coach Matt Moore and now Scott.  Also retained from the former staff is Sonny Cumbie, who I could certainly see take a bigger role in quarterback development and Dennis Simmons, who I assume will continue his role coaching receivers.

Shrine Game:  Don't forget that this Saturday is the East-West Shrine Game @ 3:00 p.m. and CBS Sports' Chad Reuter writes that Texas Tech's very own Brandon Carter is one of the players to watch.

Poll
Do you subscribe to either of these recruiting services?
Scout
5 votes
Rivals
44 votes
Both
5 votes
Neither
264 votes

318 votes | Poll has closed

Comment 43 comments  |  0 recs  | 

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Paterno Should Go Now

Nov 2011 from Track Em Tigers - 30 comments

Comments

Display:

T-Shirts....

I really want to get started on that.

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 6:56 AM CST reply actions  

Might be kinda hard

Did I read that right – that Tech has licensed pirate images? Somebody better give Tampa Bay a call.

So in order to avoid copyright issues, all we have to do is avoid red, black, white, pirates, red raiders, black horses, guns up signs, Lone Ranger masks, capes, bells, matadors, and double T? I guess we oughta add the 3 Stooges to the list, too.

"I’ve established a reputation for integrity. I have maintained those high standards" - Craig James

by TechFirst on Jan 18, 2010 7:21 AM CST reply actions  

Don't forget the Hamburgerlar......

Yeah, that list is kind of strange. I don’t see how they can claim rights to all of that.

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 7:26 AM CST up reply actions  

Vive la revolucion!

The Tech administration is a real piece of work. They should be trying to appease the Team Leach crowd rather than attack them.

by Shallowater on Jan 18, 2010 8:49 AM CST up reply actions  

university colors ?

Sometimes a river boat can out run a pirate ship.

by TallMike on Jan 18, 2010 9:40 AM CST up reply actions  

So Red and Black shirts are copyright infringments? I dont think they can actually do that one.

by RdrPwr on Jan 18, 2010 3:17 PM CST up reply actions  

I don’t think that a judge will rule in TTU’s favor so long as the team leach people are able to prove that their shirts were not for monetary gain. that sounds like a case of fair use, though I’m no lawyer. What do you think, Seth?

Also, I wonder if there’s an option of getting consent to a limited run shirt from TTU themselves when we make ours?

by kayakyakr on Jan 18, 2010 8:49 AM CST reply actions  

There were comments made on another site

that the head Team Leacher was paying himself as a consultant for the PR events and other publicity.

Sometimes a river boat can out run a pirate ship.

by TallMike on Jan 18, 2010 9:42 AM CST up reply actions  

Then he should fire himself

for his unprofessional handling of the TL rally on January 14th.

by Shallowater on Jan 18, 2010 10:35 AM CST up reply actions  

Limited run would be cool.

But I was going to go the other day and propose our shirt have absolutely nothing to do with Tech. Maybe some kind of gay swedish pirate fish.

by merrik on Jan 18, 2010 9:57 AM CST up reply actions  

I can't believe this....

Shirts? Copyright infringement? Sounds like a group of people that is worried…..

by LBKpiratefan on Jan 18, 2010 8:55 AM CST reply actions  

This. It’s the same reason radio and TV stations can’t say Super Bowl in commercials unless approved by the league. And I doubt the NFL is worried.

by Tech92 on Jan 18, 2010 4:09 PM CST via mobile up reply actions  

I agree, but “TEAM COLORS”?!?! Come on! So does Carpet Tech have to pay TTU (can I even say that without getting sued?) for it’s red and black trucks? It’s one thing to protect an image/slogan/etc. But colors? Rediculous!

by silver_ on Jan 18, 2010 5:50 PM CST up reply actions  

That cinches the deal for me

I will be wearing jean shorts and a white fishing shirt from now on. Don’t want to piss off Hance. (can I still type his name here without gettingi into copywrite infringment?)
Deck shoes……..does Tech have a problem with deck shoes?
Should the belltower boys be going after Louisiana Tech, Georgia Tech? I think I saw Louisville in red and black, think they have deep pockets?
And just in case our “leadership” hasn’t heard………………Texas Tech’s official colors are scarlet and black. dumbasses.

"There's going to be ups and downs but you have to enjoy the battle." Mike Leach

by blackbeard on Jan 18, 2010 9:10 AM CST reply actions  

Shame on most all of you.

For using Tech’s logo and/or image and/or colors and/or themes as your profile picture without their approval. Now you’re all going to go straight to copyright hell.

by merrik on Jan 18, 2010 9:23 AM CST reply actions  

do they have a database available to the public to avoid this type of stuff?

in other words, how are you supposed to know that Tech trademarked pirate stuff?

by kevinkinsler on Jan 18, 2010 9:26 AM CST reply actions  

I guess the school will claim my house too.....

seeing as how I painted it a combonation of Scarlet and Black. They can also claim the Double T I put on my roof during Christmas. It’s made out of red christmas lights. They’re getting the dog house too, it’s scarlet and black.

They can also claim my best friends house, because he designed and built it after the Engineering Building on Campus. He’s a Mechanical Engineering Grad 2006.

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 9:29 AM CST reply actions  

Did you really? Paint it red and black, I mean.

by Tech92 on Jan 18, 2010 6:21 PM CST via mobile up reply actions  

The trim is black and all the doors, including the garage are red.

Shutters are red also. We have a white brick house, so it actually looks pretty good.

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 6:38 PM CST up reply actions  

I wonder if they will copyright that smell comming out of the belltower?

by xwvr on Jan 18, 2010 9:36 AM CST reply actions  

Actually,

I own that copyright. It’s MY smell.

"Blind faith will lead you to the promised land...trust us." Texas Tech Administrators and Board of Regents (not a direct quote but it smells about right)

by Damien Franco on Jan 18, 2010 9:38 AM CST up reply actions  

About copyright

This is a non-story story that shouldn’t really have gotten any legs (I reserve the right to change my mind if TTU does something really stupid).

Typically, in small case copyright infringments the person doing the infringement will get a cease and decist and that’s the end of that. Rarely do these things ever reach the courts.

Further, TTU does have the right to protect the copyrights that they hold. This protects TTU and it actually protects the consumer on many levels by ensuring that they quality products by quality manufacturers apporved by TTU.

There are plenty of black market items you can buy with the logo or whatever and this will never really stop. It’s really bad in China and with Ebay and Amazon I’m willing to bet that most of the stuff on there is black market anyway.

Bottom line. Nothing happens to these people other than cease and desist lettters. Non-story story.

"Blind faith will lead you to the promised land...trust us." Texas Tech Administrators and Board of Regents (not a direct quote but it smells about right)

by Damien Franco on Jan 18, 2010 9:44 AM CST reply actions  

agin...i knead an editer

I was typing with my feet. That’s my excuse. I’m sticking to it.

"Blind faith will lead you to the promised land...trust us." Texas Tech Administrators and Board of Regents (not a direct quote but it smells about right)

by Damien Franco on Jan 18, 2010 9:46 AM CST up reply actions  

That would explain the horrific smell in the office right now......

Burnt hair and rotten salmon?

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 9:51 AM CST up reply actions  

That's not my feet KWash.

That’s the sweet sweet smell of excellence. I emit it constantly.

That…or it’s the breakfast burrito I had this morning.

"Blind faith will lead you to the promised land...trust us." Texas Tech Administrators and Board of Regents (not a direct quote but it smells about right)

by Damien Franco on Jan 18, 2010 10:03 AM CST up reply actions  

Going there....

I wake up and piss excellence in the morning….

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 10:20 AM CST up reply actions  

None of your business.......

This was an accidental admission of guilt….

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 18, 2010 6:39 PM CST up reply actions  

I'll provide you a letter later so you can make it official

if you sign it, you’ll probably be banned,

If you don’t sign it, you’ll probably be banned

by kevinkinsler on Jan 18, 2010 8:45 PM CST up reply actions  

But sir,

his contract supercedes that letter. You cant legally do that.

by RdrPwr on Jan 18, 2010 8:51 PM CST up reply actions  

Oh yeah, I forgot about having Glenn Beck on our side! He’s a father who cares.

by RdrPwr on Jan 18, 2010 8:58 PM CST up reply actions  

hahahaa!

" Answers -- Become Resources."
Without Questions; There are limited Resources...

by KWashburn on Jan 19, 2010 5:58 AM CST up reply actions  

My biggest concern is

that if they try to go after me for selling DTN shirts. I understand that a school has to protect their trademark, but what happens when they send me a cease and desist letter (no big deal), but then bring suit for profits (very big deal). I would say that a lot has to happen for the situation to go from letter to lawsuit, but it seems as if Texas Tech is being a bit protective.

Overall, I agree with your sentiment that nothing will probably happen, but I don’t like thinking about what could happen.

Go Raiders . . .
Double-T Nation

by Seth C on Jan 19, 2010 6:23 AM CST up reply actions  

I'm not a lawyer...

But I am someone in the creative content industry and deal with copyright laws very often as a creative and a consultant; photography, websites, blogs, logo and graphic design, photography marketing, art, artist marketing, etc…

Copyright is usually hard to defend. Most often a cease and desist is sent out without any contention.

The DTN logo IMO would fall under the category of fair use (if it would even need to). Similarly, any T-Shirt designs for the website (whether sold for profit or not) using the DTN logo would also most likely fall under fair use should a cease and desist even come up.

The truth of the matter is that I can’t honestly see, through the research I’ve done over the years on copyright and fair use, that they would even send you any sort of cease and desist for the DTN logo on the website or on a T-Shirt because you’re not infringing on anything, that I’ve found, that TTU owns a copyright of. If they were to send you a cease and desist it would be far reaching and not smart on their part. DTN in no way “competes” with TTU as TTU has no official social networking/news website in the same working fashion as DTN. Further, DTN shirts do not “compete” with “TTU” shirts in that DTN shirts would be a sign of support for a website whereas TTU shirts are a sign of support for TTU.

I’d also like to add that it would be pretty bad PR for TTU to go after DTN legally and I’m willing to bet that TTU has beefed up their PR efforts.

BTW – TTU appears not to own a copyright on the “Double T” logo because it isn’t copyrightable. What they do have rights to is the trademark of the “Double T” logo. While I’m not as familiar with trademark laws, they rarely affect “deritive” works, which is what the DTN logo would fall under (if that was even challenged), which is under copyright laws.

Clear as mud?

If anyone knows more about this or feels I’m wrong in my analysis I’m sure that Seth and the others are interested in your perspectives.

"Blind faith will lead you to the promised land...trust us." Texas Tech Administrators and Board of Regents (not a direct quote but it smells about right)

by Damien Franco on Jan 19, 2010 9:44 AM CST up reply actions  

I know exactly squat about trademark/copyright law

Now if they were to kill you, then I could help.

"I’ve established a reputation for integrity. I have maintained those high standards" - Craig James

by TechFirst on Jan 19, 2010 11:12 PM CST up reply actions  

why should tech even care about their pirate trademarks now that they have rid themselves of THE pirate. if i were leach, i’d sue tech for continuing to use his image if they continue to use anything pirate-themed since he was the sole reason for it.

and it’s kind of funny that tech is all about protecting their lawful contracts with trademarks and images but didn’t seem too concerned about upholding their lawful contract with the coach.

but i’m tired of all this leach-administration-contract-etc. stuff so i’ll just shut my mouth now.

by pcrawttu on Jan 18, 2010 12:54 PM CST reply actions  

To be fair

It’s different people that handle that than the people that handled Leach.

You’re comment, however, should be noted as an example of how the treatment of Leach, during this fiasco, taints the entire University as a whole.

You’re thinking what many people are probably thinking.

In this whole scandal the actions of a small handful of people (albeit powerful people) have negatively impacted the overall image of TTU. This will cost much more to the University in the long run that anyone can truly quantify.

"Blind faith will lead you to the promised land...trust us." Texas Tech Administrators and Board of Regents (not a direct quote but it smells about right)

by Damien Franco on Jan 18, 2010 1:03 PM CST up reply actions  

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