University of Cincinnati goes on offense against unauthorized Bearcat gear sales

University of Cincinnati targets unlicensed gear

CINCINNATI — The University of Cincinnati is going on offense against sellers of unlicensed Bearcats team gear, a growing problem as the unbeaten football team prepares for the Sugar Bowl.

Sales of licensed merchandise have more than doubled this football season, school officials say. But the team’s success also has boosted sales of unlicensed T-shirts, jerseys and other merchandise that deprive the university of a share of profits and erode its trademark, they say.

Marty Ludwig, UC director of trademarks and licensing, has been working with lawyers for Collegiate Licensing Co. to find and warn offenders against unauthorized sales.

“It hurts the university by confusing our fans and not valuing our brand properly,” Ludwig said.

Among products targeted are “Mardy Gras” T-shirts referring to wide receiver Mardy Gilyard, and T-shirts in white, red and black made by bars. The Bearcats play Florida in the Sugar Bowl on Friday night.

It’s a familiar problem for Ohio State, which will play Oregon in the Rose Bowl on Friday and is a regular in BCS bowl games.

The Buckeyes have topped a record $9 million in athletics-related merchandise sales twice in the past few years, which puts Ohio State among the elite in that category along with the likes of the University of Texas.

Rick Van Brimmer, who oversees Ohio State’s licensing department, said success comes with the problem of people trying to make a buck off your name.

“There’s a variety of ways to pursue infringement of your trademark: cease-and-desist letters, court orders, criminal action (complaints). We utilize all of these depending on our situation,” he said. “As Cincinnati would be finding out this year with the unprecedented success of its football team, the more popular you are, the more chance there is for infringement.”

At last season’s Orange Bowl in Miami, where Cincinnati played in its first BCS game, about a dozen people were arrested for selling unlicensed items.

UC contends that its trademark rights extend to any product that connects to the university, even if it doesn’t carry the C-paw logo or university name.

“The main issue at heart is that a trademark symbolizes the quality of the product,” said Brian Downey, a lawyer with Frost Brown Todd who specializes in trademark and copyright law.

“It comes from one source, the owner of the trademark, so people know what they’re getting.”

Ludwig said UC sales totals are running far ahead of traditional levels.

Boosters and students have stopped selling unlicensed merchandise after receiving warning letters, Ludwig said, but some bar owners and national sales operations have persisted.

If illicit sales continue, UC plans to go to court and seek monetary damages.

Counterfeiters quickly spot teams with rising sales; They’ll buy T-shirts at $2 each, slap on a design and sell them for $20.

“It’s a quick-dollar opportunity, and you have a captive market at a game,” Downey said.

AP Sports Writer Rusty Miller contributed in Columbus.