Dallas has used its logo for about 50 years, and local apparel company Triple D Gear has used a similar logo for 16 years. The city is currently asking a federal judge to block the company from using the brand, but the company's owners aren't backing down.
That's because the apparel company obtained a federal trademark for its version of the logo before the city, recently won an attempt by the city of Dallas to have the clothing brand's trademark revoked, and the city's Oct. 25 lawsuit This is because it led to A federal appeals panel ruled in August that the city failed to prove its use of the logo on shirts and other clothing.
When the city applied to trademark its logo for that particular use. August 2020, not approved. That's partly because it could have been confused with the Triple D Gear logo, according to court documents.
The city's logo consists of three concentric D's with a tree inside, and the Triple D gear is We trademarked one logo that contained just a concentric D and another that contained a star inside the D.
“We basically took the city of Dallas logo, put a star on it, tilted it, and gave it a 90-degree angle to give it the overall look,” said Tulo Sanchez, CEO of Triple D Gear. These are the words he said at WFAA in 2018. good morning texas segment when people modeled Triple D Gear's clothing line in front of the camera.
His statement is also one piece of evidence used to support the city's claim that the clothing company copied the logo.
“That way you can't be sued by the city, right?'' replied the show's host Alana Sarabia at the time. They both laughed.
Sanchez, 41, declined to discuss details. dallas morning news Regarding the logo controversy, he said he would first seek approval from his legal team before agreeing to a full interview. But he described the legal battle as a “David versus Goliath, cultural vulture situation.”
He said he hopes the city will work with his project, which he started in 2007, rather than oppose it.
“It's crazy that they would use my own tax dollars to fight me,” Sanchez said. news.
Attorney Kim Boyle, who represents Triple D Gear, declined to comment, citing pending litigation.
Most recently, Southern Methodist University was embroiled in a logo battle. Two days after the city sued Triple D Gear, the apparel brand sued the school for using the “D” logo to sell hats, T-shirts and other apparel without the company's permission. SMU has a licensing agreement with the city to use the “D” logo on team sports equipment and other items starting at least 2020.
“I think the city of Dallas should have applied for federal protection a long time ago,” said Katie Webber, an adjunct professor at the University of North Texas Dallas School of Law. “Ultimately, it will come down to established prior user rights and whether there is potential for confusion for the purchasing public as to the origin of the goods.”
Hitchcock Evert attorney Ann Turner, who is representing the city, declined to comment, citing the lawsuit.The city also declined to comment and instructed news For more information about the city logo, please visit the city archives.
SMU spokeswoman Diane Anderson confirmed: news The school has a logo usage agreement with the city, giving it “a non-exclusive right and license to use the city logo,” the school said.
“SMU is aware of the lawsuit, but the complaint has not yet been served,” Anderson said of the Oct. 27 lawsuit filed against the school by Triple D Gear.
City documents from 2019, 2020 and 2022 show that Dallas has not charged SMU any logo fees, but the terms of the city's most recent contract with the school are unclear. According to the language of all three previous versions of the document, the agreement aims to “celebrate SMU's impact on the City of Dallas through the limited manufacturing, distribution, advertising, promotion, and sale of certain licensed products.” It is said that
All three parties say the agreement will fund the city's efforts, but they did not specify what that entails.
“Dirty Dirty Dallas”
The City of Dallas has used the logo since 1972. This mark appears on documents, vehicles, and other materials officially approved by the City. The city of Dallas also applied for a state trademark to use the logo in the early 1970s, according to the city's Municipal Archives.
The online archive's section on city logos says, “The 'tree' symbolizes Dallas' quality of life and is also intended to represent greenery, growth, and an interest in the environment.” .
However, the city did not apply to register it as a federal trademark until August 2020, according to the U.S. Patent and Trademark Office. One of the applications was for clothing and stationery, but has not yet been approved.
The other, officially registered in December 2022, covered goods and services that included promoting business and tourism in Dallas. construction, maintenance and repair of city government property; Provide information about non-emergency municipal services. and emergency medical services.
Triple D Gear is a Dallas-area company that sells hats, shirts, and other apparel. In court documents, Sanchez refers to the D-only branding as the “ghost logo.” He said he designed it around late 2007 and workshopped it with his then-business partner and others. According to him, Triple D's brand started as his collection of tour merchandise offered through his record label, and eventually turned into his streetwear and sports apparel brand, which also launched in 2007. It became so popular that it expanded.
Triple D Gear has had its star logo on hats, shirts, pants and other sports apparel registered as a federal trademark since 2014, according to U.S. Patent and Trademark Office records. In September 2020, the “Ghost Logo” was registered for clothing, and in April 2021, the product lineup was expanded to include underwear, leggings, and suits, and the logo with a star in the middle was registered as a trademark and is now on sale. Through online retailers.
“The Ghost logo was chosen because it is made up of three D’s, which represent the phrase “Da Dirty Dirty” (referring to people who live in the South) and the associated “ It comes from the phrase “Dirty Dirty Dallas” (referring to Dallas pride). used in the hip hop scene in southern cities, especially Dallas). In his November 2022 manifesto, Sanchez wrote: “We chose the Ghost logo because of its meaning and resonance within the hip-hop scene.”
He said Triple D products are sold at retail stores in the Dallas area, online through the company's website, at concerts and other events, and through U.S. military interactions. The company recently promoted a Black Friday buy-one-get-one sale on all logoed shirts on its social media pages, and pre-order hats and jerseys to commemorate the Texas Rangers' World Series victory. Accepted.
Sanchez said it wasn't until May 2021 that the city sent Sanchez a cease and desist letter claiming the ghost logo was “substantially identical to the city's logo.”
“I disagree,” Sanchez wrote in a statement. “Our ghost logo is just three ‘D’s.’ Hence, the name of our company and brand is ‘Triple D.’ Our city logo is a capital D, or ‘Big D.’ It has leaves or wood in it.”
According to the appeals board's written decision, Sanchez said in a deposition related to the case that the products with the ghost logo range in price from $40 to $75. He estimated at the time that he sold 2,500 items for about $62,500.
“Can I order one from you all?”
The city filed a petition with the Federal Patent and Trademark Office in June 2021 seeking to cancel the Triple D Gear trademark, in part because the city's use of the city's logo took precedence. They argued that this was because the logo was established earlier and because city employees frequently wear hats and other clothing. Contains the city logo.
“[Triple D Gear’s logo] Because of its close resemblance to the city's logo, there is no public indication that the registrant or its products are licensed, sponsored, authorized or approved by the city of Dallas and/or that the registrant represents or is affiliated with the city. people may think incorrectly. ” the city said in its petition.
Weber said the city's right to use the logo only applies to the specific products and services linked to it. The city does not sell clothing with the logo, or at least does not have a trademark that covers the intent to sell clothing, opening the door to third-party trademark registration.
“Back in the '70s, when the city of Dallas started using that logo, you could get first-use rights for certain things,” Weber said. “Recall the application for federal protection for the Triple D Gear trademark? You had to mark a specific product or service. You don’t automatically get that right.”
At the Dallas City Council meeting on March 8, Sanchez asked for help urging the city to rescind the logo issue.
He said he was born in Dallas and moved to Atlanta to work in the music industry before returning to Dallas late in life. He estimated at the time that he had spent more than $100,000 in legal fees and felt the issue was an “injustice against minority small business companies.”
“I hope you all look into this situation and stop this situation and actually do something to actually come to the table and embrace us together as a culture that moves our city forward and gives back to our city. We hope that we can resolve this in the “community,'' Sanchez said during the open mic portion of the meeting.
In August, the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board denied the city's complaint, saying the city had not provided sufficient evidence to clearly show that the logo should be used preferentially on clothing. For example, the city of Dallas noted that:did not provide video footage of good morning texas Since it is a segment, that argument could not be considered. The appeals board said the city instead provided a printed version of the page on WFAA's website where the video portion could be viewed.
“This evidence, considered as a whole, proves insufficient to support the following findings. [the city of Dallas] Petition Before establishing a priority for using city logos in connection with others' T-shirts [Triple D Gear’s] date of application for constructive use,” the decision states. “Accordingly, petitioner cannot prove the likelihood of confusion claim, a material element of priority, and cannot prevail.”
The city filed a lawsuit against the apparel company in federal court on Oct. 25 to get a second opinion. The city is asking the court to reconsider the commission's decision and cancel the three Triple D Gear trademarks, saying they were fraudulently obtained.
Meanwhile, Triple D Gear claims that SMU is illegally using the “D” with Mustang in it.
“SMU's infringing activities, such as those alleged herein, have caused and are likely to cause confusion, error, and deception among relevant consumers regarding the source or origin of SMU's goods and services. , and may deceive relevant consumers into falsely believing that SMU's rights belong to SMU.Goods and services originate from, are associated with, and/or are associated with Triple D. or affiliated in any way with Triple D,” the federal complaint states.
In court documents, Triple D Gear cites a private Instagram direct message it received in August 2020 from a potential customer who confused SMU with the apparel company's apparel.
“All my friends are wearing new SMU and Triple D shirts,” the message said. “Can I order one from you all?”
As of March 2022, the city has approved spending at least $50,000 to pay the Hitchcock Ebert law firm to represent him, according to city records.
