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8 IPCLJ 1 (2023)

handle is hein.journals/ipclj8 and id is 1 raw text is: That's Going to Leave a Mark: The Effect of Trademark Law on Colleges and Universities By: Bryn Ericksen I. Introduction Trademark law is an important aspect of intellectual property law and allows brands to protect their identity and how their image is represented to the public. The existence of trademark law, however, primarily focuses on protecting the consumer from confusion rather than protecting the rights of the trademark owner.1 An owner of goods or services may wish to register a trademark to make their brand identifiable to a consumer.2 Registering trademarks has been utilized by many different entities, especially colleges and universities, to prevent counterfeiting and fraud, and ensure that they receive the profits made from any goods that depict that mark.3 However, recent litigation might greatly impact the rights colleges and universities currently have regarding their registered trademarks. In addition to the recent litigation, student-athletes will likely impact how college trademarks are used in the future. Trademark law is a federal issue and governed by the Lanham Act. Under the Lanham Act, a trademark can be obtained for any word, name, symbol, or device, or any combination thereof ... used by a person ... to identify and distinguish his or her goods ....4 Three important functions of a trademark include identifying the source of the goods or services, providing legal protection for the trademark owner's brand, and aiding in protecting against counterfeiting and 1 15 U.S.C. § 1127. 2 United States Patent and Trademark Office, I t/vu th trademark (last visited Nov. 13, 2022). 3 Id. 4 15 U.S.C. § 1127. 1

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