View the letter

View the full cease and desist letter here.

N.C. State has officially sent a warning in the form of a cease and desist letter to Loyola University in New Orleans, LA, claiming the university is violating N.C. State’s right to be the sole user of the name “Wolfpack.”

While Loyola’s school colors are maroon and gold, and their mascot is “Havoc the Wolf,” according to N.C. State’s Office of General Counsel, represented in the cease and desist letter by Assistant General Counsel Shawn Troxler, Loyola’s use of the term “Wolfpack” is in fact in violation of N.C. State’s trademark rights.

“Loyola University’s current use of ‘Wolfpack’ constitutes trademark infringement,” Troxler’s letter said. “N.C. State’s nickname and use of the ‘Wolfpack’ mark has been long and continuous. Although the mark has been registered since 1983, N.C. State’s use of the mark in its athletic sporting events dates back to at least 1947.”

Gregg Zarnstorff, N.C. State’s director of trademark licensing, said this letter was sent because N.C. State is legally required by the federal government to act whenever it knows of an encroachment on its registered trademark.

 ”As a trademark owner, the University is required to take certain actions if we find others using the trademark if we are to maintain our federal registration in that mark,” Zarnstorff said.

According to Zarnstorff, the way N.C. State reacts to this potential infringement depends on the nature of Loyola’s use of the trademark.

“As a normal practice in trademark enforcement, we have measured steps in dealing with the various types of infringements,” Zarnstorff said. “This depends on the extent and whether the infringement is willful; predatory, abusive, or simply a matter of ‘not knowing.'”

In this instance, Zarnstorff said he does not believe Loyola engaged in predatory or abusive trademark infringement, and that the matter could be resolved peacefully.

“I have to believe that, in this case, Loyola University did not know that we held a federal registration for ‘Wolfpack,'” Zarnstorff said. “I believe that we can reach an agreement with them that will be satisfactory to both universities.”

However, Gita Bolt, Loyola’s General Counsel, told Loyola’s student newspaper, The Maroon, she does not believe Loyola will have to change their mascot, and it would be incorrect to think it would escalate into a serious legal issue.

 Zarnstorff said no concrete legal action has been taken against Loyola University, and this letter serves simply to bring the problem to light and begin a discussion on how to solve the problem.

One of the concerns voiced by Troxler in the cease and desist letter was the potential for confusion that would arise should both universities continue to use the same name for their athletic programs.

 ”While N.C. State applauds your efforts to promote your University [Loyola]  and its athletic programs,” Troxler wrote, “Use of a mark that is identical to that of N.C. State in connection with similar services is likely to cause confusion and violates N.C. State’s rights under federal and trademark law.”

However, Michael Giorlando, Loyola’s athletics director and head men’s basketball coach, told The Maroon the use of the Wolfpack name has nothing to do with bettering Loyola’s reputation through the use of N.C. State’s, but rather a matter of tradition.

 ”[The Wolfpack] has been our traditional name and logo for years,” Giorlando said.

At the same time, here at N.C. State students such as Nelson Blair, a junior in middle grades language arts and social studies education, said they aren’t pleased that the University’s name is being used elsewhere.

“I think it’s good that we sent them the letter because I think it’s great that we are the only school that uses the Wolfpack,” Blair said. “I get tired of seeing multiple schools with the same mascot, so I’m all for being the only one.”

According to Blair, having a unique mascot boosts fan confidence and morale—something he said every university should strive for.

“I just think that having a different mascot than anyone else helps promote school pride,” Blair said. “For us, we’re the only students cheering for the Wolfpack.”

While both N.C. State and Loyola universities are just beginning to discuss the ramifications of Loyola also using Wolfpack in association with their athletic programs, junior environmental technology major Boubekeur Dahmane said it is unacceptable for Loyola to continue its use of N.C. State’s historic nickname.

“If someone else uses [the Wolfpack], then it becomes meaningless,” Dahmane said. “It’s more than just a logo or a name. It represents every proud member of the Pack at N.C. State.”

Erin Clemens, writer with Loyola University’s The Maroon contributed to this article.