When the University of South Carolina sought to trademark “SC” for use on its baseball gear, it ran into some resistance from the University of Southern California.

The University of South Carolina filed an application to trademark its baseball logo, which included the letters “SC.” The school wanted to use the mark on hats, uniforms, T-shirts and shorts.

There was just one problem: The University of Southern California was already using “SC.” It opposed registration of the mark, arguing that allowing South Carolina to use it would create a likelihood of confusion.

The University of South Carolina didn’t respond quietly. It filed a counterclaim, seeking cancellation of the University of Southern California’s mark. The California school’s use of the mark falsely suggested an association with the state of South Carolina, the University of South Carolina argued.

Not so, the court said. The initials “SC” don’t point uniquely to South Carolina, it reasoned. In fact, at least 16 other schools also represent themselves as “SC.”

The court also agreed with the University of Southern California that allowing the University of South Carolina to register the mark would create a likelihood of confusion, since the marks would appear on the same kinds of goods and in the same channels of trade.

The court affirmed the Trademark Trial and Appeals Board’s decision, which refused to register the University of South Carolina’s proposed mark and rejected its attempt to cancel the University of Southern California’s mark.

Cite: University of South Carolina v. University of Southern California.

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Tags: intellectual property, trademarks, University of South Carolina, University of Southern California