A Middle Tennessee school has become embroiled in a controversy surrounding two Ohio Universities.
On Friday, Cheatham Middle School said it received a cease-and-desist letter from the University of Cincinnati which threatened legal action over using the university's mascot. School officials said the letter concerned copyright and licensing infringements, as Cheatham's mascot is a bearcat, and they call themselves the CMS Bearcats.
According to a social media post, Cheatham Middle School submitted a proposal to UC agreeing to remove the logo and create a new one but were denied and informed that the school can also no longer use or refer to themselves as the "Bearcats" as the university also owns a sports licensing copyright for that word.
"We have been left with no reasonable choice but to rebrand and choose a new Cheatham Middle Mascot," the middle school wrote on Facebook. The school asked the community to help choose a new mascot in the following weeks.
Another Cincinnati institution, Xavier University, has offered up its mascot free of charge — but the proposition comes with a catch.
Here's what to know.
Why did the University of Cincinnati serve a cease-and-desist letter to a Tennessee middle school?
M.B. Reilly, a spokesperson for UC, told The Cincinnati Enquirer the university was alerted to the use of its trademarks by Cheatham Middle School a few months ago.
"When we or our licensing agency, the Collegiate Licensing Company (CLC), identify infringing activity, the other party is contacted to educate them about the University’s rights and request they stop using the marks," Reilly told the Enquirer. "As part of this process, we requested CMS to identify the various ways in which they have adopted UC’s identity so we can understand the full scale of what is involved to address the matter."
Reilly added that while UC appreciates Cheatham wanting to use its trademarks, the middle school never requested permission.
"Just as many other universities and recognizable brands make significant investment to protect their own marks, we reserve the right for exclusive use of the UC marks. We understand this may cause some inconveniences, but we have a responsibility to preserve and protect the University’s rights to its marks."
Cincinnati rival Xavier University offers its mascot free of charge
On Friday, Anthony Breen, the CEO of Synergistic — a marketing agency in Cincinnati that works with Xavier — said the company, along with Xavier, has pledged to rebrand and redesign Cheatham's logo, mascot and wordmark. They will also provide other needed marketing support.
In exchange for the deal, Cheatham Middle School must agree to become "Musketeers." The musketeer was adopted as Xavier's nickname in 1925 to symbolize the "All for one, one for all" spirit of the university, Breen said in a news release.
Jeff Hobbs, athletic director for Cheatham County School District, said Xavier University itself has not yet reached out to the school and that "Musketeers" is among the names currently being considered.
"The Cheatham Musketeers has a nice ring to it! All For One, One For All!" said Breen in a post to X.
Musketeer Gear, a nonprofit founded by Xavier alumni in 2022, also released a new white T-shirt that features the outline of Tennessee with "Cheatham Musketeers" written in navy blue letters. The shirts are priced at $35 and all proceeds will go directly to the middle school, reported the Enquirer.
In a statement, Xavier University athletics said they are aware of the proposal and have been consulted upon by Anthony Breen/Synergistic.
"While we work to protect the University’s trademarks and intellectual property, the nickname 'Musketeers' is available for Cheatham Middle School or any other school to adopt should they desire to," said the athletics department.
"In our views, this is no different than use of the nicknames 'Bulldogs' or 'Wildcats' that many schools use, both at the college and high school levels. Our involvement in the matter is to ensure our rights will not be infringed upon."
'Musketeers' among Cheatham Middle Schools top choices for mascot
After asking the community for suggestions, Cheatham Middle School narrowed down the results to their top four choices on Monday. They are:
What is a cease-and-desist letter? Are they legally binding?
A cease and desist letter is a notice that can serve to warn an offender that legal action may take place if they don’t stop a certain activity.
According to Investopedia, a cease and desist letter is not legally binding, although it is a formal step that may be followed by a lawsuit if the recipient ignores it. Allegations commonly addressed by cease and desist letters or orders include copyright violations, harassment, defamation, and contract violations.
Contributing: The Cincinnati Enquirer
Diana Leyva covers trending news and service journalism for The Tennessean. Contact her at [email protected] or follow her on X, the platform formerly known as Twitter, at @_leyvadiana