Imagine my joy when I came across this bit of news first thing this morning: “Eastern Michigan University faces controversy over antagonistic logo!” which was posted on PRLog, a “free press release” service.
A quote:
An Eastern Michigan University graduate, who goes only by “Eric”, has created an E.M.U. logo based on the bird of the same name. The eagle is Eastern’s official logo. But now a rival, bird, the Emu, is poised to take flight as Eastern’s unofficial logo.
Eastern’s original logo was a profile of a Huron Brave. When people found that logo offensive to American Indians, the logo was changed to an eagle. “Back then people found the eagle boring,” Eric says. “It was so obvious what fun an Emu would be.”
“Eric” has set up a web site for selling Emu stuff at http://thingsemu.com/
Of course, I admire the effort by Eric in all sorts of ways. But I have to say, that isn’t the logo I have imagined.
Eric’s emu looks rather, um, startled. Probably not the best image for evoking enthusiasm among the EMU faithful. Say, do you happen to know the design story behind the current Eagle (the one facing the serif ‘E’)? When I drove past the football stadium last week and saw it there, I had to wonder whether it was an in-house job. Certainly I don’t want to come off as critical of it without knowing the design story better than I do, but it just seems like an incredibly commonplace, middle-of-the-road mascot–perhaps just the thing the U. wanted after the Huron debacle.
I suspect it wont be long before ‘Eric” receives some sort of cease and desist letter from EMU’s legal team.
First, I think the logo is cool. Second, his site does say that other people can submit BETTER designs – but I suspect that most people are too lazy. At least the guy gave it his best shot. Lastly, EMU does not have a legal leg to stand on. Why are you all so negative. This guy is trying to be positive. He admits that he is NOT AN ARTIST. Gees. Cut the guy some slack.
No, Roma, EMU almost certainly does have a legal leg to stand on here. EMU marketing has some pretty specific rules on how EMU can be depicted in different media– see http://www.emich.edu/marcomm/id_standards.html, for example. I hadn’t thought about this before, but Eagle Talon is almost certainly right.
It makes sense, when you think about it. I think “Eric”‘s intentions are more or less honorable, but imagine if it was legally okay for someone to create and promote a logo and identity campaign of “the EMU Dorks” or, well, use your imagination. And I will tell you that there is a reason why I make it very clear in all kinds of different ways that EMUTalk.org is NOT associated with EMU.
“Eric” might be able to get away with it if he wasn’t trying to make money by selling EMU Emu merchandise. But he is, and that almost certainly will get him a cease and desist letter eventually.
And I got to be honest: admitting that he’s “not an artist” is not really a reason to not criticize his design, especially given that “Eric” is trying to present himself and his work as “professional.” This ain’t some kind of class project where a teacher asks someone to make a graphic even though they have no graphic skills/experience. So like I said originally, I like the moxie, but nah, not a good looking logo.
I like the graphic for its simplicity, but I couldn’t see ESPN or Fox Sports Net using it as a graphic to broadcast highlights.
Sitedad, and all,
I actually went to law school. I actually STUDIED copyright and trademark law. The standards you mention above are for EMU INTERNAL communications ONLY.
Emu cannot be trademarked as it is a WORD! EMU, the school, has trademarked an Eagle, with a PMS color and Eastern Michigan University. An Emu, the bird, in a different color of green, with the words EMU on it are NOT SUFFICIENT to bring a cause of action for trademark infringement!
- I really HATE it when people who HAVE NEVER been to law school start giving legal advice.
Oh, and by the way, I don’t see any of you making a better logo? Or are you all scared of the logo police.
Well, we’ll see how it turns out.
I haven’t made a logo because I have other things to do and because this isn’t something I am good at. But if I were to make an Emu EMUs logo, it would a lot more mean dangerous-looking.
but isn’t EMU in reference to the specific institution a violation of copyright? He’s making money using his home-made version of a logo/image that is referring to the specific institution of Eastern Michigan University, without the consent of the institution.
No …
“Comment from Eagle Talon …
but isn’t EMU in reference to the specific institution a violation of copyright? He’s making money using his home-made version of a logo/image that is referring to the specific institution of Eastern Michigan University, without the consent of the institution.”
This is NOT a violation of Copyright law. “Referring” is NOT sufficient. You must Actually use the Actual logo in an unauthorized way. Parities and alternate logos do NOT create a violation. He needs NO permission.
The basic legal reason is that NO REASONABLE person would CONFUSE the EMU Eagle with the Emu. Thus, there is no violation.
Further, this is NOT copyright law that we are focusing on. It is Trademark law (and infringement). As far as I know, EMU has Trademarked the logo, not copyrighted it. Before you can proceed with a copyright case, the plaintiff must have the copyright number (as filed with the US Copyright office). I do not see the (C) symbol on any EMU merchandise or webpage. I do see the (R). So federal copyright law would no be controlling until EMU registers a copyright with the government.