Purple and gold are associated with royalty, Mardi Gras and the Tigers — but are the colors that paint Death Valley on autumn Saturday nights subject to trademark laws?That depends on the context, according to a Nov. 26 ruling by the 5th U.S. Circuit Court of Appeals: The use of distinguishing characteristics along with official colors can be subject to trademark laws. LSU and three other universities — the University of Oklahoma, the University of Southern California and Ohio State University — sued Smack Apparel in 2004 for trademark infringement.”The decision is essentially a vindication of arguments that LSU and other schools have been making for a long time about the protectability of their color theme in connection with other [distinguishable factors],” said R. Charles Henn Jr., the lawyer representing the universities.LSU officials pointed to T-shirts produced for the 2003 football national championship in New Orleans by Smack Apparel. The back of one particular gold shirt with purple lettering read “it’ll be … sweet as sugar” followed by the date and location of the championship game.Staci Pepitone, assistant to the vice chancellor of finance and administrative services, said though none of Smack’s shirts used any of LSU’s federally registered trademarks, they have “inescapable” characteristics associated with the University.”We especially, I think, see our school colors as valuable because they’re purple and gold,” Pepitone said. “What do fans wear when they go into football games? They don’t wear green; they wear purple and gold.”The design of the shirts had unmistakably LSU characteristics, Pepitone said.”[They’re] trying to put something in the marketplace that causes confusion,” Pepitone said. “I don’t think it was about that shirt so much as ‘What does that shirt mean?'”Heath Price, director of Student Life, said the 2004 Allstate Sugar Bowl was a final straw for the four universities who had “really had issues with Smack for a number of years.””We felt like they had been infringers for some time,” Price said.Brian Hommel, director of finance and administrative services, said the ruling broadens LSU’s scope of control over its brand.”It affords the University greater means to protect trademark,” Hommel said. “We don’t own the colors purple and gold … The finding is that the colors are associated with the University.”Hommel said manufacturers are traditionally required to be licensed to use trademarked logos.The manufacturers are required to pay LSU a licensing fee and a percentage of the profits from the sale of official gear, Pepitone said. She said LSU received more than $5 million from its percentage of the profits for gear sold in 2007.____Contact Lindsey Meaux at [email protected]