Font ResizeThe shot lasts about three seconds, but there is no mistaking the crimson block U, an icon that has been trademarked by the University of Utah. The school's logo appears on a letter in the most recent season finale of "Big Love," HBO's Emmy-nominated hit series depicting polygamous life in Utah, and the U. wants it scrubbed out before the DVD is released.
Putting the school's logo and name on an official-looking document, used in the episode "Sacrament" that aired March 22, gives the false impression the U. is associated with the show, according to university spokeswoman Coralie Alder. Officials contend the scene constitutes an ongoing trademark infringement in violation of federal law.
"We want to make sure there isn't
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On Tuesday, the U.'s agent, Collegiate Images, sent a cease-and-desist letter to "Big Love" producers, who have until July 20 to respond. An HBO spokeswoman declined comment Tuesday because producers had just received the letter.
"The University of Utah is very proud and protective of its name and all trademarks associated with it," said President Michael Young in a statement. "We will not tolerate a misuse of our trademarks, especially if it could lead to the public to
The U. isn't alone in defending its trademarked logos, mascots and other imagery against unauthorized use. The University of Southern California two years ago forced controversial school operator Bob Jones to stop calling his now-defunct Utah Southvalley Community school "USC."
"It may seem minor, but if you don't protect it in every instance, you could lose your right to protect it," said Mike Schoenfeld, Duke University's vice president for public affairs, of the U.'s action. "Pretty soon it could become public domain. You are on a very slippery slope."
The famous private North Carolina institution, whose Durham campus is where the program "Dawson's Creek" was filmed, "zealously protects how Duke's name and trademarked images are used in film and television," he said.
Producers of the film "Mama Mia!" sought Duke's permission before filming the romantic comedy which features a college-age character wearing a Duke shirt. The university authorized that use after the script made it clear the character would not embarrass Duke, Schoenfeld said.
In the meantime, Duke received the kind of exposure -- for free -- that a lesser-known school would drop $250,000 for, he added. The U. scored similar publicity points with an authorized use of its trademark on the cover of EA Sports' video game NCAA Football 2010, featuring Ute quarterback Brian Johnson.
"Sacrament" was the finale of "Big Love's" third season, which is scheduled for release on DVD just before the premiere of the fourth season in January. The offending scene comes about 15 minutes into the episode when the camera keys on a document held by the main character (played by Bill Paxton), purporting to legitimize the practice of polygamy. For the sake of the storyline, the document is a report produced by a University of Utah authentication lab and has the block U logo in the masthead.
The episode also references Brigham Young University when the Paxton character discusses endowing a chair at the school, owned by the Church of Jesus Christ of Latter-day Saints. Such passing references would most likely be protected as fair use as long as they are not misleading. The U. reference, however, crosses the line, officials say.
"This is so blatant. That is what made the difference," Alder said.
