“Wreck ‘em, Tech” (Texas Tech)

“Wreck ‘em, Tech” is disputed. Texas Tech claims that it’s part of an old college slogan, but Red Raider Outfitter claims that it was not trademarked when they marketed “Wreck ‘em, Tech” items in 1994.
   
   
NewsChannel 11 (Lubbock, TX)
11/3/06
The owners of Red Raider Outfitter are preparing for an appeal. A federal judge ruled the retailer violated trademark agreements with Texas Tech University. That judgement requires Red Raider Outfitter to pay Tech more than $3 million.
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Tech says they filed suit because they felt they had to protect their marks, but Red Raider Outfitter says the school does not own some of the marks, like Raider Red and the phrase ‘Wreck-em Tech’.  In fact, Red Raider Outfitter filed suit against the school, saying they were the originators of ‘Wreck-em Tech’, but the judged denied their claim, saying the phrase has been part of the school song for many years.
 
     
Red Raider Outfitter
Red Raider Outfitter Timeline
 
1960s Cowboy cartoon character created for the late Dirk West of the Avalanche-Journal and, over time, is adopted community-wide as a symbol of community pride and Lubbock’s connection to Texas Tech University.
 
1975 Raider Outfitter opens for business.
 
Early 1980s Red Raider Outfitter adopts its own cowboy icon as logo and begins to feature icon on items it sells when it opens its current location across the street from the Texas Tech University at 2416 Broadway in Lubbock.
 
Early 1990s In Texas Tech University’s Collegiate Licensing Program Policies and Procedures, which described how its marks were to be used, it said, “The University does not own the rights to Raider Red and therefore cannot grant permission for usage.”
 
1994 Red Raider Outfitter begins producing and marketing items featuring “Wreck ‘Em Tech.” There is no documentation of Texas Tech University producing items featuring this mark prior to 2001.
 
1994 Red Raider Outfitter begins producing and marketing items featuring “Raiderland.” There is no documentation of Texas Tech University producing items featuring this mark prior to 2001.
 
1997 Texas Tech University outsources control of its licensing to Collegiate Licensing Corp. in Atlanta.
 
1997 Texas Tech University signs Red Raider Outfitter to a licensing agreement authorizing the manufacture and sale of licensed goods. The agreement was later renewed and extended.
 
2001 Texas Tech University registers the cartoon image of Raider Red. Texas Tech University begins using the mark “Wreck ‘Em Tech” on t-shirts and apparel. Texas Tech University begins using the mark “Raiderland” on t-shirts and apparel. Until its lawsuit against Red Raider Outfitter, Texas Tech University did not require licensees to place a trademark on those two terms.
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2003 - 2004 In correspondence from Texas Tech University to Red Raider Outfitters, the University claims that Red Raider Outfitter’s cowboy icon is confusing to Raider Red. In further correspondence, Texas Tech University suggests that the Red Raider Outfitter cartoon cowboy is confusing to the Warner Bros. character Yosemite Sam. This was an admission that Raider Red is also confusing to Yosemite Sam.
 
2005 Red Raider Outfitter files federal trademark applications for “Wreck ‘Em Tech” and “Raiderland.” Further, Red Raider Outfitter seeks to cancel Texas Tech University’s federal registration of the Raider Red cartoon because of its likeness to Yosemite Sam.
 
2005 Red Raider Outfitter files a Declaratory Judgment in Houston asking for a ruling on the disputed facts prior to Texas Tech University taking legal action. Texas Tech later refuses to respond to this filing and proceeds to file suit against Red Raider Outfitter.
 
2006 Texas Tech University registers trademark for “Wreck ‘Em Tech,” swearing under oath that no one else was using that particular phrase in trade or commerce. They also file trademark application in Texas, knowing there are disputes regarding “Raiderland” and “Wreck ‘Em Tech.” Red Raider Outfitter files a counter suit alleging Texas Tech University engaged in fraud by attempting to license “Wreck ‘Em Tech” and “Raiderland” knowing that Red Raider Outfitter has been using the phrases since 1994.