SIVACRACY.NET

Associated Press

COLLEGE STATION, Texas -- The University of Texas is countering a jab from an Aggie business owner by taking him to court over his “saw em off” variation of the familiar Longhorn logo.

'Saw em off' lawsuit

The UT System Board of Regents claims in its lawsuit that Fadi Kalaouze’s merchandise adorned with an inverted Longhorn logo with its horns detached is a trademark infringement.

The lawsuit argues that Kalaouze, a 1991 Texas A&M University graduate and the owner of two College Station stores, is illegally using a design that tarnishes and mutilates the trademarked Longhorn logo.

“This is not a dispute with Texas A&M. It is a dispute with a private company that is unfairly profiting from use of the UT logo and at the same time mutilating the logo,” said Craig Westemeirer, director of the University of Texas Office of Trademark Licensing.

Kalaouze contends that his emblem is a parody and is protected by the First Amendment. He said in court filings that the lawsuit is a “legally baseless display of poor sportsmanship.”

The lawsuit filed last month names Kalcorp, which is owned by Kalaouze and is the parent company for both of his stores. It seeks a permanent injunction to stop the company from selling the symbol, as well as attorneys fees, damages and the company’s profits from selling the emblem.

UT’s lawsuit says that the “saw em off” logo, which has been placed on merchandise such as T-shirts and bumper stickers, could confuse consumers because of its similarity to the Longhorn logo.

Kalaouze said nobody would mistake his emblem for the actual Longhorn logo, and he doesn’t believe any Longhorn supporters have accidentally purchased one of his shirts or stickers. He has established a Web site to raise money for his legal fight.

“We honestly don’t believe anyone is confusing this logo with their logo. We have been sawing their horns off for many years,” Kalaouze said. “We just want to make sure the tradition lives on.”

Westemeirer said the UT logo is “one of the most recognized brands in America” and must be protected.

“We want to present the logo as a consistent image to the public — that is not possible if others, such as the defendants, modify or mutilate the logo,” he said.

Mike Huddleston, Texas A&M’s vice president for business development, said Texas A&M would likely have taken similar action if it faced the same scenario as UT.