Below is the full text of a letter from Wendy K. Marsh -- a registered patent attorney with the Nyemaster Goode law firm in Des Moines -- to Dave Moore, an Iowa City bar owner looking to open an establishment called the Hawkeye Hideaway. Marsh is representing the University of Iowa.
Nyemaster Goode
Nyemaster, Goode, West, Hansell & O’Brien, P.C.
Attorneys and Counselors at Law
VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED
David E. Moore
[address redacted]
Re: Hawkeye Hideaway Pub & Grill
Potential Conflict with the University fo Iowa “Hawkeye†Trademark
Dear Mr. Moore:
Our firm represents The University of Iowa (“Iowaâ€) with regard to its trademark matters. Since at least as early as 1900, our client has been using the marks “HAWKEYE†and “HAWKEYES†in conjunction with its various University-sponsored goods and services, including all types of wearing apparel, such as T-shirt, sweatshirts, and hats, as well as bar items such as mugs, tumblers, shot glasses, bottler openers, and bar stools. Closely associated with its famous “HAWKEYE†marks is the constant and consistent use of Iowa’s school colors, gold and black.
Iowa has become aware that you intend to open a business establishment in Iowa City under the name “Hawkeye Hideaway Pub & Grillâ€. The use of this name was not authorized by our client, and is likely to cause people to believe that your business is affiliated with or sponsored by The University of Iowa, especially since we understand that your business will be located in Iowa City. To further add to the likelihood of confusion, the logo you propose to use with the business name includes Iowa’s distinctive gold and black school colors, in both the lettering and the accompanying design. This confusion is detrimental to our client’s trademark rights and creates a false affiliation between your business and The University of Iowa.
You may be under the mistaken impression that your ability to register your business name with the State of Iowa somehow protects or endorses the use of your proposed business name. This is not the case, however, as mere registration of a trade name used to identify a business is not a valid defense to infringement of a trademark that is used to identify specific goods and services. We would strongly encourage you to consult with a trademark attorney in this regard.
Iowa must therefore demand that you cease any plans to open and operate a business that impermissibly includes its long-standing trademarks, including the word “HAWKEYE†and the gold/black color combination in your business name, signage, brochures, web site, or in any other forms of advertising. This demand also extends to the use of “HAWKEYE†and/or the gold/black colors on items often used and sold at pubs, such as T-shirts, hats, sweatshirts, mugs, etc.
Please send us your assurances by no later than March 6, 2009 that you agree not to use either the name “HAWKEYE†or Iowa’s gold and black color scheme in association with your business. In the absence of these assurances, Iowa will have no choice but to take the necessary steps to enforce its trademark rights.
Sincerely,
(signed)
Wendy K. Marsh
