Posted by KVegas on 9/20/2017 8:24:00 PM (view original):
"Presumably the game has to pay licensing to the NCAA for using schools, conference names, etc. "
Nah, nothing needed to use the name and likeness of colors.
Is it really that cut and dried though?
Individually, sure, probably nothing wrong with using a school name, but when you start assembling the pieces, it probably gets really hazier. Each of the colleges in the game is likely trademarked by the respective schools. When you conveniently pair them with the actual color scheme of the university or college, you move a step closer. Each of the conferences are similarly trademarked. When you place the schools into divisions that mirror the real-world NCAA structure, again, you move closer to a perception of reality that, when taken collectively, sends a message. Again, if I'm a D1 school being represented as a D2 program, I'm taking issue with that. If I'm Notre Dame, maybe I don't want my university associated with the Big Ten Conference, especially since my sports teams play in a wholly different league, do I want the perception the game makes of my institution, or does that potentially harm me?
I don't know, but I think there's a definite reason that companies like Grey Dog Software, which isn't licensed (or at least wasn't when I bought my copy years back...), specifically uses fake school nicknames and, in some cases, fake names for certain universities in its college football game.
Given that high schools get cease and desist letters from halfway across the country sometimes because their mascot or jersey font just happens to look too similar to BigName U's, or that t-shirt designers get told they can't crank out products because they shade of the shirt is too close to officially licensed university apparel, I'm really not convinced that we're as in the clear here as you think. When I worked in North Dakota, we got a letter from Louisville because our bird mascot, in some attorney's opinion, looked too similar. Even though ours was blue and theirs was red. Even though they were the Cardinals and we were the Blue Hawks. Even though the name of our school looked nothing like Louisville.