Raising Legal Questions, The Ohio State University Applies to Trademark “The”

OSU seeks exclusive rights to use the word "the" on its merchandise

By Jonny Lupsha, News Writer

The Ohio State University has applied to trademark the word “the,” AP News reported last week. The indefinite article would be copyrighted by the school whenever used on their official merchandise, such as shirts and bags. Trademarked words have a fascinating history in the United States.

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Registered trademarks for products and services provide brand identification and protection for businesses. Photo by Olivier Le Moal / Shutterstock

According to the AP article, The Ohio State University has previously trademarked other terms related to the school, such as the names of its famous football coaches, Woody Hayes and Urban Meyer. OSU is said to have 150 trademarks in 17 different countries, working diligently to earn royalties for its official merchandise. Seeking rights to the word “the” on its merchandise sounds similar to Paris Hilton’s efforts to trademark the phrase “That’s hot,” her then-famous catchphrase. Legal battles over copyrighted words and phrases tend to go the opposite route, with companies fighting to keep specific product names away from becoming generic terms.

Eponymy

“Eponymy is when a proper name is generalized to something more generic, and this long predates the invention of trademarks,” said Dr. Anne Curzan, the Arthur F. Thurnau Professor of English at the University of Michigan. “One of the best-known examples of eponymy is the word ‘sandwich,’ which is believed to be named for John Montagu, the fourth Earl of Sandwich, and the story goes that he was quite a gambler. Apparently he once spent 24 hours at the gaming table, and his only sustenance was meat between two slices of bread, hence a sandwich.”

Dr. Curzan added that other words that have become eponymous include pasteurize, named after inventor Louis Pasteur; guillotine, from its French inventor Joseph Guillotin; and galvanize, from 18th-century physician Luigi Galvani who first discovered that applying electricity caused muscles to contract.

Legal Battles and Genericization

Another term involving trademarked words is genericization. Genericization is similar to eponymy, but instead of appropriating someone’s name, society uses a specific product so often that it becomes a general term for anything similar.

Having a wildly successful product can be a double-edged sword for the company who makes it. On the one hand, it becomes a household name and the go-to idea for the need it fulfills, like when someone refers to any cotton swab as a Q-Tip®. On the other hand, doing so can become such a general term that the product itself is no longer the focus, and the company’s competitors may reap sales on the original product’s good name and reputation.

Companies often fight against genericization, sometimes finding themselves in court for their troubles. “In 2011, Microsoft filed a complaint against Apple’s application for a trademark on the term ‘app store,'” Dr. Curzan said. “Ron Butters—who’s a linguist and an emeritus professor at Duke University—was the expert for Microsoft and he argues that ‘app store’ is a generic compound. Robert Leonard, the expert for Apple, says that while the two words ‘app’ and ‘store’ are generic, when they’re used alone, they’re a proper noun together as ‘App Store’ and should be trademarked.”

Apple has since unsuccessfully sued Amazon for the use of the phrase.

If OSU’s trademark passes, it will join the ranks of phrases like “Let’s get ready to rumble” and “Bam!” as a trademarked word or phrase with certain usage restrictions. The trademark has not yet been approved or denied.

Dr. Curzan is Arthur F. Thurnau Professor of English

Dr. Anne Curzan contributed to this article. Dr. Curzan is Arthur F. Thurnau Professor of English at the University of Michigan. She earned a B.A. in Linguistics from Yale University and an M.A. and a Ph.D. in English Language and Literature from the University of Michigan.

About Jonny Lupsha, News Writer 215 Articles
Jonny is a freelance writer and novelist who lives in Sterling, Virginia. He has written for The Great Courses since 2017 and enjoys studying the courses as much as writing about them. Contact Jonny at news@thegreatcoursesdaily.com