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Date Posted: 08/18/03 4:26pm
Author: Colt
Author Host/IP: 66.117.129.20
Subject: Re: Poly vs Bello's
In reply to: Slocal 's message, "Re: Poly vs Bello's" on 08/18/03 2:07pm

>Why don't they just let the sporting goods stores
>downtown sell the merchandise?

It's not an issue of letting stores sell Cal Poly merchandise, That's already allowed. It's an issue of unarthorized use of the Cal Poly trademark (also known as a tradename). If Poly doesn't prevent Bello's from doing this, Bello's can print anything they want with Cal Poly on it and sell it. If this happens, Poly faces several significant issues:

1. Inappropriate associations to the Cal Poly brand image.

For example, by allowing unlicensed and unrestricted use of a trademark, Bello's can present the Cal Poly image any way they wish. Which means they can print T-Shirts with animated images of drunken Mustangs holding mugs of beer (e.g. like Chico State has with their Wildcat mascot). This presentation of the Cal Poly brand image is damaging to the university and those that attend it but there's nothing that can be done.

2. Loss of licensing fees.

If the Cal Poly basketball team makes the NCAA tournament, Bello's can print commemorative sweatshirts or whatever they want with Cal Poly basketball on it and the University gets nothing. Meanwhile, Poly's paid for coaches salaries, athletic scholarships, travel costs etc. resulting in the teams success and Bello's surfs off the wave of Mustang success by making money and giving nothing to the university.

Poly is absolutely in the right on this and Bello's ownership is just cutting-off their nose to spite their face by pursuing this through the courts. Think about it, they've spent more emotionally and in legal fees than they can ever hope to make selling Cal Poly gear. If they were smart, they'd just drop it and move on. Apparently, however, their trying to make a point and it's going to cost them a bundle.

Mr. Bello is a rock-head and so is the attroney representing him. The attroney should have never let it go this far.

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