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Lawyers question UA logo sharing with Razorback Foundation

Trademark pacts not set in writing

By Eric Besson , Aziza Musa

This article was originally published February 18, 2018 at 4:30 a.m. Updated February 19, 2018 at 4:30 a.m.

the-running-razorback-emblem-is-used-by-the-razorback-foundation-under-what-a-university-of-arkansas-fayetteville-official-calls-an-oral-trademark-license

The “Running Razorback” emblem is used by the Razorback Foundation under what a University of Arkansas, Fayetteville official calls “an oral trademark license.”



The Razorback Foundation has free use of University of Arkansas, Fayetteville trademarks that others must pay to display, an arrangement set by “oral” agreements and university policy that outside attorneys find lacking.



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Displaying 1 - 10 of 10 total comments

arkateacher54 says... February 18, 2018 at 9:55 a.m.

Lawyers - making trouble since 42 B.C.

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NoUserName says... February 18, 2018 at 10:26 a.m.

How is that? The Foundation, whose donations are tax deductible (or were...), is used by UA to skirt the FOIA. UA deliberately avoids putting things on paper (see oral licensing agreement). UA even told the foundation to not put anything on paper for the coaching/AD search specifically to avoid the FOIA. The whole foundation thing is a scam that this taxpayer doesn't feel the need to support. I hope a lawyer takes this scam down.

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RazorWeevil says... February 18, 2018 at 11:36 a.m.

Wow, imagine the UA athletic department allowing the foundation that raises funds for athletics to use its logo! Just one more silly attack by the Demozette on the "University of Arkansas, Fayetteville." And while I'm on the subject, when will your sports writers begin referring to Arkansas State as "Arkansas State University, Jonesboro" in all first references? Are they not aware that ASU has multiple campuses in Beebe, Mountain Home and Newport as well as Jonesboro?

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NoUserName says... February 18, 2018 at 12:01 p.m.

^ point = missed. Not unexpected from a UA lackey.
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"Are they not aware that ASU has multiple campuses in Beebe, Mountain Home and Newport as well as Jonesboro?"
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So, are those equivalent 4 year colleges like, say, University of Arkansas Little Rock?

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honesthap says... February 18, 2018 at 12:07 p.m.

Right on, RazorWeevil. Perhaps, the U of A should now go by THE University of Arkansas (much like The Ohio State University).....that always bugged me; however, now I think I understand their intention. Guess that could also apply to The Arkansas State University. This is all, IMHO, caused by those who are pushing so hard to keep a game in Little Rock. I would be all for that if the game was The University of Arkansas vs The Arkansas State University.

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obbie says... February 18, 2018 at 12:59 p.m.

It's my understanding that the new tax law will do away with the 80% tax deduction of Foundation contributions. If so, then, let's abolish the Foundation and the U of A, (Fayetteville) raise the ticket prices to the same level. This will do away with most FOIA questions and shed some light on fundraising for athletics. Please don't shoot the messenger. I have to live here, too.

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RazorWeevil says... February 18, 2018 at 1:43 p.m.

Hmmm . . . Name calling? Really? If being a proud graduate of the University of Arkansas (the one in Fayetteville) and a lifelong Razorback fan makes me a UA lackey in your mind, then I have no problem with that. As for missing the point, apparently you have, and badly. Your taxes do not support the Razorback Foundation. People like me, through our voluntary donations, do. This is a non-story.

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NoUserName says... February 18, 2018 at 2:15 p.m.

So, you don't take a tax deduction for charitable donations to the foundation? Oh, I bet you do. I can only assume you must not understand how taxes work then. I didn't say the foundation got direct taxpayer funds. You're a UA grad, so I don't fault you for not understanding. As for being a lackey, it's not because you're rah rah UA, but because UA, a PUBLIC institution, is deliberately skirting state law - and trying to actively avoid it - and you're ok with that. It's not. And you shouldn't be.

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RBBrittain says... February 18, 2018 at 5:33 p.m.

The university allows the foundation to use Razorback trademarks without the usual royalties. Surely that should mean the foundation is "supported by public funds" and thus subject to FOIA, since public funds paid for the trademarks?
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BTW, the ADG is following UA Board of Trustees policy, which says the proper name of the campus is "University of Arkansas, Fayetteville" -- no hyphen, no "at" (like UAFS, UALR, UAM & UAPB), but a comma. (It actually has a "The" in front of it like Ohio State in the resolution, but so do the four "at" campuses & UAMS; unlike Ohio State, no one actually uses it.) You can't omit "Fayetteville" in proper naming because legally "University of Arkansas", without modifier, means the ENTIRE SYSTEM unless the context requires otherwise (i.e., Arkansas Constitution, Amendment 35's naming a UA department head to sit on the Game & Fish Commission can only mean UA, Fayetteville).

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RBBrittain says... February 18, 2018 at 5:43 p.m.

The official BOT policy I'm referring to is at ht tps: //w ww.uasys.ed u/board-policy/100-4/ :
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CHAPTER I: DESCRIPTION OF UNIVERSITY COMPONENTS

1. General Provisions

1.1 The University of Arkansas is a land-grant state university offering statewide educational opportunities ranging from certificate programs to post-doctoral study. Its principal campus units, divisions, and administrative units are:

(1) The University of Arkansas, Fayetteville

(2) The University of Arkansas for Medical Sciences

(3) The University of Arkansas at Little Rock

(4) The University of Arkansas at Monticello

(5) The University of Arkansas at Pine Bluff

(6) The Cammack Campus at Little Rock

(7) Division of Agriculture

(8) Arkansas Archeological Survey

(9) System Administration

(10) Criminal Justice Institute

(11) Phillips Community College of the University of Arkansas

(12) University of Arkansas Community College at Hope

(13) University of Arkansas Community College at Batesville

(14) University of Arkansas Community College at Morrilton

(15) Cossatot Community College of the University of Arkansas

(16) The University of Arkansas at Fort Smith

(17) Arkansas School for Mathematics, Sciences, and the Arts

(18) University of Arkansas Clinton School of Public Service

(19) University of Arkansas System eVersity

(20) University of Arkansas – Pulaski Technical College

(21) University of Arkansas Community College at Rich Mountain

1.2 These educational and administrative units, together with certain authorized adjuncts to each and those campuses or units later added by merger or otherwise, constitute the University of Arkansas for which the Board of Trustees is the governing board of control. These educational and administrative units are also referred to collectively as the University of Arkansas System.

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