Board of Supervisors for Louisiana State University Agricultural and Mechanical College v. Smack Apparel Co.

Louisiana State University (plaintiff) had used purple and gold for over 100 years across its signage, merchandise, uniforms, and printed materials, licensing the color combination together with other school-identifying references for millions of dollars annually, though it held no registered trademark in the colors themselves. Smack Apparel (defendant) sold fan T-shirts using a school's colors alongside a slogan referencing the school, including a purple-and-gold shirt referencing LSU's 2004 Sugar Bowl appearance; Smack admitted it used specific color combinations to bring particular schools to mind. LSU and other universities sued for trademark infringement, arguing the violation occurred only when the colors were combined with other school-identifying content. The district court granted LSU summary judgment, and Smack appealed.