SU drops lawsuit against Orlando ABA team

CNY Business Journal (1996+), Feb 16, 2007 by Tampone, Kevin

SYRACUSE - Syracuse University (SU) has dropped its lawsuit against an American Basketball Association team after settling a dispute over the team's name.

SU sued the Orlando-based team in October to prevent its owners from naming it the "Orange Men." The university dropped the case in January after the team changed its name to the "Aces."

SU could still refile the suit if the team decides to use the Orange Men name in the future, says Kevin Morrow, a university spokesman.

"Of course, we hope that such action never becomes necessary," he says.

The university changed the names of its sports teams from the Orangemen/Orangewomen to "The Orange" more than two years ago. The suit argued that SU's trademark on the Orangemen name still needs protection.

The name is important to fans, even though it's no longer in official use, Morrow says. The university still actively licenses the Orangemen trademark to companies for production of apparel and other memorabilia.

"It's a registered trademark we continue to protect," Morrow says. "In the public's mind, the name is very clearly associated with Syracuse University. We have fans and alumni who still feel a special attachment to the Orangemen name."

The name has appeared on everything from toothbrush holders and beer steins to leather jackets and aprons. The universi has used the Orangemen trademark for more than 100 years.

Todd Triplett, head coach and owner of the Aces, could not be reached for comment, Triplett and a group of investors bought the team in November.

"There was confusion with the Syracuse Orangemen, so it was easy enough to change the name," Joe Newman, ABA CEO, said in a statement.

Fortner Aces owner Jimmy Lyons also could not be reached for comment. When SU filed the suit, Lyons said he never intended to upset the university.

"Our land around here, before Disney and all that good stuff, it was all orange land," he said. "We have more citrus coming out of here than probably any other place in the U.S.

"I'll be the first to apologize to the university. We were never trying to be malicious or hurt the university."

Lyons said he and his partners were not aware that SU's teams were known as the Orangemen when they settled on that name for their team.

The university's attorneys at Syracuse-based Bond, Schoeneck & King, PLLC, regularly monitor new trademark applications for possible violations, Morrow says. The Orlando team filed for trademark protection on the Orange Men name in August.

After learning of the filing, the university sent the team owners two letters in September informing them that the university owns the Orangemen trademark and demanding that the team stop using the name, Morrow says.

"Every attempt was made to try and settle this reasonably and out of court just through normal correspondence," he says. "The team was unresponsive, which left the university with little choice but to go to the next step.

"As far as we're concerned, this is a very straightforward matter. The university is protecting its rights."

The American Basketball Association (ABA) is a professional league that began in 2000. The league has grown from eight teams to the 45 competing in the 2006-2007 season, according to the ABA. Teams include the Buffalo Silverbacks and Rochester Razorsharks.

In its inaugural season, the Orlando team has compiled a 7-16 record through its first 23 games.