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huskermidget

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  1. I highly doubt a court would agree with UT here. In trademark law there is a great deal of deference given to those who are parodying someone/something. Moreover, another principle in trademark law is that the allegedly infringing trademark cause confusion with the original trademark. Here, no one would be confused by the upside down longhorn or the longhorn with broken horns. Its very clear its a symbol trying to poke fun at UT. This is UT trying to scare off what are likely small operators who can't mount a legal defense. I would also add that for all those casual fans that are taking horns and turning them upside down there is absolute no issue whatsoever. You can only be held liable for trademark infringement if you're using the trademark in "commerce," meaning you're making money with it.
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