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UT, Big Orange Army settle suit
Agreement tells how 'Power T' can legally be used by group
Big Orange Army founder David Jamison shows off the fan group’s armored vehicle in this 2007 photo. Big Orange Army’s parent company, SportsMyx Holdings, recently has settled with the University of Tennessee over a lawsuit for alleged copyright infringement.
Big Orange Army Timeline
- 2002: Big Orange Army founded by David Jamison for $150. Jamison sells memberships for a fee; members join as "privates." They can move up through the ranks by enlisting new members.
- October 2006: Action Sports Media acquires majority ownership of BOA.
- November 2006: Big Orange Army opens seasonal store in West Town Mall and will establish headquarters on Cumberland Avenue.
- October 2007: Uni-versity of T ennessee men's athletics department informs UT fans that it does not endorse Big Orange Army or its marketing programs and indicates BOA is violating trademark protections.
- October 2007: Action Sports Media responds that a trademark agreement makes no restrictions on use of UT trademarks.
- February 2008: Action Sports Media sold to competitors Learfield Sports and ISP.
- February 2008: UT sues Action Sports Media over the trademark dispute.
- February 2008: Big Orange Army founder David Jamison says he is buying back BOA from Action Sports Media.
- June 2008: UT's lawsuit involving Big Orange Army is settled.
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The "Power T" is no longer a symbol of controversy for the University of Tennessee and the sports fan group UT filed suit against this year for alleged copyright infringement of its athletic logos.
UT and the Big Orange Army settled, and the case was dismissed on June 24, according to federal court records. The agreement details how UT's trademarks can be used for licensing and promotions by the group, a subsidiary of Alcoa-based SportsMyx Holdings.
"As a licensee of the University of Tennessee, The Big Orange Army has permission to use the University's trademarks; however, the Big Orange Army is not now and never has been an official fan organization of the University," according to a joint statement in the agreement, obtained from UT under a state Open Records request.
That's the only statement UT and the company made on Monday about the recent settlement, however.
UT filed suit against the sports fan group and its parent company in February, alleging improper use of the university's "Power T" mark and other logos for its sales and marketing. University officials claimed that the Big Orange Army had violated trademark laws and the terms of a 2005 trademark agreement.
UT also contended that use of the trademarks caused confusion and deception among the public and consumers.
Under the agreement, the company also will have to pay UT royalties from the sales of its unauthorized Big Orange Army helmets, which are orange military-style helmets sold over the fan group's Web site. Once the inventory has been exhausted, the company has agreed not to produce or sell any more of them.
The company also agreed not to register and use the name "Fort Neyland" for Neyland Stadium, a moniker that some East Tennesseans first glimpsed in October when the Big Orange Army put it on a billboard on Interstate 40 and U.S. 129 in Knoxville.
The "Fort Neyland" initiative resulted in a public rift between the university and the sports fan group in October. The university said the company was using the athletic trademarks to line up corporate sponsors, a role that by contract belonged to a competitor of the Alcoa company, then called Action Sports Media.
Gordon Whitener, chairman and CEO of SportsMyx Holdings, was not available for comment on Monday. David Jamison, the self-proclaimed general of the Big Orange Army when it was founded in 2002, was also unavailable for comment on Monday.
Darren Dunlap may be reached at 865-342-6334.
© 2008, Knoxville News Sentinel Co.
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Posted by rusty_shackleford on July 8, 2008 at 1:14 p.m. (Suggest removal)
I thought the BOA was like that dumb jock in high school: he thought he was the hottest stuff to walk the halls while everyone else was laughing at his absurdity behind his back.
Posted by andy112382 on July 8, 2008 at 3:38 p.m. (Suggest removal)
The guy bleeds orange, started a fan group, just didn't do the required agreements/royalties for using the copyrighted icons and such, since that issue is now resolved, I see nothing at all wrong with being a die hard Tennessee fan that came up with pretty unique idea.
GO VOLS!!!
Posted by angelwithhalo on July 8, 2008 at 3:43 p.m. (Suggest removal)
Would someone PLEASE make this guy tell the truth about the "Big Orange Army"! He DID NOT start it and the TRUE story needs to be told. And if I have to, BELIEVE me I will, by the way Jamison I DO HAVE THE ORIGINAL "BIG ORANGE ARMY T-SHIRT", that you did not design, nor did you start this company. Come on be a "MAN" if that is at all possible. And please tell us WHO lead you to the Lord and bought you your first Bible. I would love to hear the story....do you remember? Or did you sell the Bible too!
Posted by mtnvol on July 8, 2008 at 8:40 p.m. (Suggest removal)
You get to use the Power T, that's grand. Now would you PLEASE stop driving that silly jeep around campus on game day and for heaven's sake, stop wearing that silly silver helmet! You look like a tool!!!
Posted by angelwithhalo on July 8, 2008 at 10:14 p.m. (Suggest removal)
Oh just one more comment for Mr. Jamison,
You talk about starting this so called company with $150, where did you get the money? Spit it out Jamison and tell the truth. I saw the original shirts laying on a couch in a living room, that by the way were not bought by you, nor designed by you. And a very kind lady allowed you to stay at her home without your paying her one penny and then you take credit for that....what a joke you are. And then use our Lord and Savior to get her to go out and spend her money to buy you a bible because she felt you were serious about wanting to be a christian.....well if you did receive Christ that night...I hope you can lay your head down and sleep well.....because God took her to heaven on April 9th 2008, and she is at peace finally...ARE YOU? I doubt it!
Posted by BigOrangeSoldier on July 9, 2008 at 5 p.m. (Suggest removal)
What is the big deal with all of the Big Orange Army controversy, why such an uproar. The truth of the reality is General Jamison just had a great idea that grew into something awesome. I have met this guy and he is the biggest fan of the fans. The question I have is, who does that? When has anyone acknowledged the fans first. Aren't we the ones that come support the teams no matter what. Isn't it great that we live in America and that we have individualality. If we were all the same life would be boring. I love the Chrome helmets and military based products, cause when we hit that field or court, we are at WAR with that other team. The only reason UT had a problem with BOA is they knew it was a great idea and they were just pissed they didn't think of something that was staring them right in their face. So listen here so called VOL fans and the rest of you haters...until you know the real story behind the BOA and all the great things they are doing in the community, just keep your mouth shut. What have you ever done to give back to others...all I see is a great organization that wants to help others and acknowledge the FANS for all they do and bring us all together. Isn't that what life is all about, to give back, help people and bring everyone together for a common cause. When I see you making an effort to do anything remotely close to what the BIG ORANGE ARMY has done then you have the right to speak, other than that, all these haters and liars are just what they are, haters and liars!!!!
Posted by angelwithhalo on July 10, 2008 at 7:07 a.m. (Suggest removal)
Mr. Star,
First of all get your facts straight before making ANY comments about Mr. Jamison. He had nothing to do what so ever with the idea of the Big Orange Army. Ask him and if he WILL tell the truth he had nothing to do with the idea of the BOA! He took money from a widow and felt no remorse, and she allowed him to stay with her and he STOLED the idea and then proclaims to have come up with it with only $150. Ask him where he got the $150! From the widow that felt sorry for a young man who had no where to stay and no one wanted anything to do with him. He was a joke to everyone that knew him. Then takes someone else's idea and claims it! This widow had a cardiac arrest on April 9, 2008. And I know until her last dying breath, she prayed for him, but also asked God to show him where he was doing people wrong. Well God says "Vengence in Mine", so watch out Mr. Jamison, I don't think you have seen what God's vengence is yet, but one day you will!
There are the facts. Also Mr. Jamison had never been to a UT football game until a friend took him to his first one and he knows that to be a fact! He did not ever grow up "Supporting UT until he thought he could make money off of the thousands of fans he saw on that first visit the Neyland Stadium. There's your facts and people should not be crazy enough to pay this man more money just to support his habits which are not "Vol Related"..ASK HIM HOW HE TREATS HIS FRIENDS WHO Was THERE FOR HIM WHEN NO ONE ELSE WAS. If he is a man, and I doubt it, he will tell the truth. And if UT wants to hear the truth. I will promise you and Mr. Jamison, I will tell it.
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