UA Sues Guitar Maker Over Name

The University of Arkansas legal department is plenty busy these days.
Chancellor John White recently told USA Today the school has been forced to hire an additional lawyer to handle all the Freedom of Information requests pouring in over the ongoing scandals at the Fayetteville campus.
Then there’s this nugget from the UA General Counsel’s office: On Feb. 5 in U.S. District Court, The Board of Trustees filed suit against Concordia Investment Partners Inc. and Amarillo Distribution Enterprises Inc., the parent company and distributor of Dean Guitars of Tampa, Fla., after a two-year battle over the word “Razorback.”
In its filing, the UA alleges Dean’s line of Razorback guitars with names like “Dime USA V Razorback Skull” will create confusion among consumers, the UA “is or is likely to be damaged” and that purchasers are “likely to buy Defendants’ products in the mistaken belief they are … connected in some way with the University.”
In addition to the usual cease-and-desist type stuff, the Board has demanded all Dean’s profits from the Razorback line (which retail for $705 to $1,919), three times the damages to the UA, punitive damages and attorney fees.
Being in the publishing business, we defend our copyrighted material vigorously, but quite frankly, the UA’s position is shaky at best.
The Razorback line was designed and so named by the late Darrell Abbott, the legendary former lead guitar player for the metal supergroup Pantera.
Abbott’s status in the rock world grew to mythic proportions after he was shot and killed by a paranoid schizophrenic while performing at a club in Columbus, Ohio, on Dec. 8, 2004. Three others were killed and two were injured on the anniversary of John Lennon’s murder, also by a deranged shooter.
Dean continued the Razorback project and dedicated the line to Abbott as a memorial, filing an “intent-to-use” trademark application for the word “Razorback” in March 2005.
The UA contested the application and demanded Concordia license the word from it.
While the UA is suing over the use of the word “Razorback”, an employee at Ben Jack’s Arkansas Music in Fayetteville tells us the design derives its name from the body shape and some styles don’t even bear the word anywhere on the guitar.
Considering the UA went after the maker of Uncle Heavy’s Original Hog Hat a few years back, denied Little Rock native and middleweight champion Jermain Taylor’s request to name a fight the “Razorback Rumble” and threatened a student with litigation after he made up some clever T-shirts with Houston Nutt’s picture and win-loss record, it’s no surprise to us the UA is suing Dean.
We doubt headbangers base their decision to purchase Dean’s Razorback guitars on the belief it bears the UA marketing seal of approval.
We’re equally certain the Board didn’t invent the word Razorback.
But with everything on its legal plate, it is comforting to know the UA still has the time and resources to file a lawsuit of its own.