Louisiana State University, Ohio State University, the University of Oklahoma, and the University of Southern California have each adopted a two-color scheme to represent their schools. These color combinations have been in use over 100 years and are easily recognized by those familiar with the schools. The schools sell tens of millions of dollars of merchandise each year using these color schemes, the color schemes are frequently referenced in media accounts, and the universities advertise their color schemes in a multitude of ways.

Smack Apparel Co. manufacturers T-shirts aimed at college sports fans. It uses school colors and various printed messages associated with the schools on its shirts.

The universities sued Smack for trademark infringement, arguing that the color combinations acted as a source identifier, especially when used with other indicia identifying the school. The schools had not registered these color combinations as marks, however. How should the court rule on the universities’ claims?