4. The Athletic Department at State University has creatednumerous logos and designs foruse in their merchandising program.For each logo and design, State University Athletics has sought andreceived federal trademark registration. The athletic departmenthas recently hired you as a new assistant athletic director tooversee the merchandising program and to develop a licensingprogram for State University Athletics marks and logos. Upon yourarrival, the new merchandising and licensing athletic directordiscovers that dozens of local businesses, charitableorganizations, and schools are using the mark and logos throughoutthe state. First, assuming such use is unauthorized, what mustState University show in order to prevail if it decided to pursuetrademark infringement actions against these users, and how wouldsuch showing be made? Second, assuming your boss would want to filea lawsuit only as a last resort, what steps would you recommend tocurb this unauthorized use?
