FAYETTEVILLE -- The University of Arkansas has succeeded in an unprecedented legal move to hog its distinctive cheer.
The university's board of trustees was granted registration of the school's eponymous Hog Call on July 1 by the U.S. Patent and Trademark Office (USPTO).
The federal trademark registration is for a sound mark that consists of a crowd cheering the words: "Woooooooo Pig Sooie! Woooooooo Pig Sooie! Woooooooo Pig Sooie! Razorbacks!" University officials believe the trademarking of the cheer sound is the first of its kind on the college level.
Many of Arkansas' other identifying marks -- such as logos and the term "Wooo Pig Sooie!" itself -- have been protected by trademarks for years, but the full rendition of the Hog Call had not been until now.
"The sensory mark is the one we're excited about, having finally registered that," said Candace Stimmel, the UA athletic department's director of trademark licensing. "We thought the Hog Call was so iconic and it's such a part of the university and athletics that having it registered would really give us added protection we would need if there were people who were trying to use it in a way to monetize from it."
In a university release, officials stressed the registration of the sound marks and the words would have no impact on the Hog Call for non-commercial use, such as at games or during travels.
"This registration speaks to the unique characteristics of the Hog Call and its connection with the University of Arkansas," Arkansas Athletic Director Jeff Long said in the release. "These registrations are designed to protect the commercial integrity of a cheer that has been synonymous with the University of Arkansas since the late 1920s."
Examples of unauthorized use would be using the call in a movie, in TV, radio or Internet commercials, or other means of profit if the business entity does not have an existing agreement with the UA.
The idea to apply for the sensory trademark started last April and a key proponent was Harold Evans, who heads up the intellectual property practice for the firm Williams & Anderson in Little Rock and works with the UA. Evans, a graduate of Little Rock Central, Harvard and the University of California-Berkley, served in the office of general counsel at the University of Arkansas for more than 17 years before entering private practice.
"I just thought it was an effective way for the university to have an additional way to prevent unauthorized commercial use of the Hog Call, particularly with advertising," Evans said. "It gives you nationwide protection."
Evans said other sound marks caught his ear over the years, which gave him the idea.
"I just saw the way other trademark owners were able to do it, like Intel Corporation," he said. "A good example is the Globetrotters, with the whistling of "Sweet Georgia Brown."
"If you can get trademark registration on a two-minute song that is solely associated with the Globetrotters, then you could do the same with the Hog Call."
The university applied for the registration last July, sending an audio file of fans conducting the Hog Call with its application. However, the USPTO replied in October that the audio file was not sufficient.
The UA responded with video footage of longtime Athletic Director Frank Broyles leading a Hog Call during the ceremony for the unveiling of a statue of Broyles on Nov. 23, 2012.
"That was perfect," Stimmel said. "It could not have timed out better with that happening, so we had great recent footage of a Hog Call."
Evans dug into the research to see if Arkansas' sensory mark was unique in college athletics.
"I did a complete search of every single sound mark that has been registered with the U.S. Patent and Trademark Office," he said. "It's sort of nice to see the university make history."
Forbes.com ran a story on the registration Friday, speculating whether other universities might follow suit. Other chants, like Alabama's "Roll Tide" and Ole Miss' "Hotty Toddy," are common throughout college athletics.
"I wouldn't necessarily say it's trend-setting," Stimmel said. "Who knows if any other schools will follow and find value in doing this? It is sort of neat to have the added notoriety."
Actively guarding trademark protections appears to be a growing trend in college athletics. Texas A&M, which owns the rights to the "12th man" phrase, has been involved in litigation over its use in recent years.
Texas A&M and the Seattle Seahawks settled a dispute eight years ago in which the Seahawks acknowledged the Aggies' ownership of the phrase, but the NFL franchise was allowed to continue using it under license.
Texas A&M was in the news earlier this summer for threatening to file a lawsuit against a New York man who co-founded the Web site 12thManThunder.com in an effort to keep the Buffalo Bills' franchise in Buffalo.
Sports on 07/19/2014