BRADENTON — When Desmond Blue bursts onto the field with his teammates tonight for the Southeast Football Kickoff Classic in Tampa, it could be the last time he sports his school’s Indian head logo on his jersey and spear logo on his helmet.
“I’ve been here for four years and I respect the Seminole logo,” the 18-year-old linebacker for Southeast High said Thursday. “If they remove that, if they take that away from us, it just won’t be the same feeling.”
Blue’s concern comes on the heels of The Collegiate Licensing Co., which handles the Florida State University trademark, demanding the high school nix the use of the Seminole head logo, the spear and even the word Noles — a move Manatee School District leaders say could cost nearly $100,000 to make happen.
But FSU is now saying it can negotiate.
Last week, Jim Aronowitz, associate general counsel at the company, sent a cease-and-desist letter to the school demanding that Southeast High send a written notice that it would stop all use of its “marks” — a legal trademark term.
A day after the news broke this week, however, a university spokeswoman said they are researching Southeast’s use of Seminole marks and logos — and believe they can work with the high school to allow it to continue using them while ensuring “adequate safeguards” are in place to protect the university.
“We are looking forward to working with Southeast to reach a mutually agreeable plan regarding the use of Seminole marks and logos,” Liz Maryanski, interim vice president for University Relations at FSU, said Thursday.
The CLC’s initial demands left Manatee school leaders puzzled as to why FSU decided to confront them about the issue now.
They say there’s no way the university hadn’t known about the shared logo. Two examples:
In 1988, when Southeast’s football team went to the state championship in Niceville, FSU allowed the team to practice on its field.
In 1996, Southeast’s marching band played during halftime at the Sugar Bowl game between FSU and the Florida Gators.
So on Thursday, Manatee school board attorney John Bowen said he plans to issue a public records request demanding documentation and e-mails relative to the university’s decision.
“We’re going to determine why, after three decades, there is now an objection,” Bowen said as Southeast’s athletic director and head football Coach Paul Maechtle stood by him during a press conference at the school.
A local patent lawyer says Manatee leaders may have a point about the timing of FSU’s demand.
“There is one equitable defense that can arise that may help a defendant, including a statute of limitations waiver,” said patent and trademark attorney Matt Jenkins.
That’s when a party knows the defendant is using a mark, but fails to do anything about it, Jenkins said.
So at what level does a similarity have to arise before there is infringement?
“There is no black or white rule,” Jenkins said. “With trademark, the test is the likelihood of confusion. A plaintiff does not have to show actual confusion, but merely a likelihood of confusion of the consumers.”
If push comes to shove, he said, either a judge or a judge with the assistance of a jury would make the final decision in court.
For now, it appears, both schools plan to negotiate.
Natalie Alund, education reporter, can be reached at 941-745-7095.















