UT Claims Trademark Infringement

A group calling itself "Volunteers For Local Hire" raised quite a stink early this week, when the group took out a full-page ad, to protest what it calls, the lack of local contractors hired to build the Volkswagen plant in Chattanooga.  But it turns out, the group's very name, is causing quite a stink that's gotten it in hot water with a very familiar educational institution.

Our NewsChannel 9 investigation, has prompted a dispute about the name of the group, and tonight we've discovered... that group is not "volunteering" a lot of information about why it's using that name.  As we brought you the story of Volunteers For Local Hire taking out the full-page ad this week to complain about Volkswagen's hiring practices, I couldn't help notice how the group's word "Volunteers" looked very similar to another Volunteers reference..

This one for University of Tennessee athletics.

We started digging into this fact, and uncovered this document from the University that says, U-T has a trademark on any reference to the word Volunteers in the color orange.  Could this be trademark infringement? In an email to NewsChannel 9, the university, says, yes.

Attorney Paul Weidlich specializes in copyright and trademark law, at Chambliss, Bahner and Stoeffel.  He says once the violation has been noticed, that triggers a cease-and-desist letter to the offender.  "It's to the effect of, 'our client has intellectual property rights and you are violating them, so cease and desist immediately," he says. 

Chris Fuller, the Senior Associate Athletic Director for External Operations, says his office frequently sees the improper reference from political candidates, in his words.."trying to use our colors and-or trademarks to create an endorsement for their respective campaigns."  He says, U-T is readying cease-and-desist order to Volunteers For Local Hire.

Weidlich says, the order normally stops the party from violating the trademark, but he has seen disputes rage on for years.

In Fuller's email he says anytime he runs across trademark infringements, he sends the proof to U-T's Trademark Licensing Office, which he has done in this case..

But our investigation has turned up no addresses, nor active phone numbers for the group who took out the full-page ad, a problem Mr. Weidlich says, if you can't find the offending party..  "If you cannot find them, then you don't know they're doing it," said Weidlich, "so you don't have any obligation to enforce your rights."

We have tried to contact Volunteers For Local Hire several times, but no one has gotten back to us.  Violations of copyrights and trademarks are civil violations, normally settled by financial damages..

By the way, U-T has also trademarked the University of Tennessee, U-T, Vols, Lady Vols, Big Orange Country, and the word Mocs..

We'll follow this story to see if the group complies with U-T's trademark demand..