As Dance Marathon programs across the country shift away from the slogan “For The Kids” due to trademark restrictions, the University of Iowa is taking the opportunity to rename one of its health care campus roads after another of its nationally-esteemed Stead Family Children’s Hospital traditions.
The university has announced it is changing “For The Kids Way” to “Hawkeye Wave Way” in honor of a custom that started in 2017 upon its opening of the 14-story Children’s Hospital next to Kinnick Stadium.
A fan that first fall after the hospital began treating patients suggested in an online post the idea of taking a moment during home football games to turn and wave to kids who might be watching from their hospital rooms. The post went viral and fans eagerly participated. “The Wave” was born — creating a new Hawkeye tradition worthy of numerous national profiles and ESPN spotlights.
Seven years later, fans still are waving after every first quarter at Kinnick.
The newly-christened road runs east-west through the UI Health Care campus and sits just south of the Children’s Hospital.
Originally named South Hospital Drive, the road begins at Hawkins Drive and today creates a congestion-easing through-way to South Grand Avenue — after 2015 renovations to the Field House extended its access beyond Hospital Parking Ramp 4.
The university in 2019 renamed the street “For The Kids Way” in honor of its Dance Marathon philanthropic chapter — which to date has raised more than $35 million “for the kids” since its start on the UI campus in 1994.
Although that slogan had been central to the mission of the UI Dance Marathon and others over the years, Penn State University the same year UI renamed its road — 2019 — applied to trademark “For The Kids” for its version of Dance Marathon, according to the U.S. Patent and Trademark Office.
Although Penn State’s Dance Marathon for years had reported its “For The Kids” and “FTK” marks as prohibited from use in other fundraisers, treating them as copyright infringements, the U.S. Patent and Trademark Office officially registered Penn State’s application in January 2020.
Last year, in August 2023, a women who had been involved in Indiana University-Purdue University’s dance marathon in support of Riley Hospital — where she received care as a child — filed a petition for cancellation of Penn State’s “For The Kids” trademark.
“At the time (Penn State) submitted its trademark application for ‘for the kids,’ the phrase was already in widespread, popular, and commercial use in philanthropic fundraising efforts by others for children’s hospitals and by children’s hospitals themselves,” the petitioner, Kaylee Tutrow, argued. “The phrase also appeared on apparel related to these philanthropies and hospitals, such as on jewelry, sweatshirts, hats, sweatpants, and T-shirts.”
Using the UI as an example of the many Dance Marathon teams that have for more than a decade employed the phrase in fundraising efforts, Tutrow also argued “for the kids” is merely informing the public about where the money is going and how it’s being used.
“The generic phrase ‘for the kids’ has not become distinctive of (Penn State’s) goods or services,” she argued. “At no time since at least as early as 2011 has the merely descriptive or generic phrase ‘for the kids’ been used substantially exclusively by (Penn State) for any goods or services.”
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Penn State, in response, last month asked the U.S. Patent and Trademark Office to dismiss the petition, asserting it has been using “For The Kids” for nearly two decades to help kids with cancer.
“Petitioner Kaylee Tutrow is an individual who appears engaged in a quixotic mission to stop Penn State from maintaining the valuable trademark rights it has built in FOR THE KIDS,” according to its request. “It is frankly bizarre that Ms. Tutrow is choosing to spend her time attacking an organization that raises money for children with cancer.”
A status report on the trademark notes, “It is currently undergoing a challenge which may result in its removal from the registry.”
www.thegazette.com
The university has announced it is changing “For The Kids Way” to “Hawkeye Wave Way” in honor of a custom that started in 2017 upon its opening of the 14-story Children’s Hospital next to Kinnick Stadium.
A fan that first fall after the hospital began treating patients suggested in an online post the idea of taking a moment during home football games to turn and wave to kids who might be watching from their hospital rooms. The post went viral and fans eagerly participated. “The Wave” was born — creating a new Hawkeye tradition worthy of numerous national profiles and ESPN spotlights.
Seven years later, fans still are waving after every first quarter at Kinnick.
Through-way
The newly-christened road runs east-west through the UI Health Care campus and sits just south of the Children’s Hospital.
Originally named South Hospital Drive, the road begins at Hawkins Drive and today creates a congestion-easing through-way to South Grand Avenue — after 2015 renovations to the Field House extended its access beyond Hospital Parking Ramp 4.
The university in 2019 renamed the street “For The Kids Way” in honor of its Dance Marathon philanthropic chapter — which to date has raised more than $35 million “for the kids” since its start on the UI campus in 1994.
‘For the kids’
Although that slogan had been central to the mission of the UI Dance Marathon and others over the years, Penn State University the same year UI renamed its road — 2019 — applied to trademark “For The Kids” for its version of Dance Marathon, according to the U.S. Patent and Trademark Office.
Although Penn State’s Dance Marathon for years had reported its “For The Kids” and “FTK” marks as prohibited from use in other fundraisers, treating them as copyright infringements, the U.S. Patent and Trademark Office officially registered Penn State’s application in January 2020.
Last year, in August 2023, a women who had been involved in Indiana University-Purdue University’s dance marathon in support of Riley Hospital — where she received care as a child — filed a petition for cancellation of Penn State’s “For The Kids” trademark.
“At the time (Penn State) submitted its trademark application for ‘for the kids,’ the phrase was already in widespread, popular, and commercial use in philanthropic fundraising efforts by others for children’s hospitals and by children’s hospitals themselves,” the petitioner, Kaylee Tutrow, argued. “The phrase also appeared on apparel related to these philanthropies and hospitals, such as on jewelry, sweatshirts, hats, sweatpants, and T-shirts.”
Using the UI as an example of the many Dance Marathon teams that have for more than a decade employed the phrase in fundraising efforts, Tutrow also argued “for the kids” is merely informing the public about where the money is going and how it’s being used.
“The generic phrase ‘for the kids’ has not become distinctive of (Penn State’s) goods or services,” she argued. “At no time since at least as early as 2011 has the merely descriptive or generic phrase ‘for the kids’ been used substantially exclusively by (Penn State) for any goods or services.”
ADVERTISING
Penn State, in response, last month asked the U.S. Patent and Trademark Office to dismiss the petition, asserting it has been using “For The Kids” for nearly two decades to help kids with cancer.
“Petitioner Kaylee Tutrow is an individual who appears engaged in a quixotic mission to stop Penn State from maintaining the valuable trademark rights it has built in FOR THE KIDS,” according to its request. “It is frankly bizarre that Ms. Tutrow is choosing to spend her time attacking an organization that raises money for children with cancer.”
A status report on the trademark notes, “It is currently undergoing a challenge which may result in its removal from the registry.”
UI renames road ‘Hawkeye Wave Way’ amid ‘For The Kids’ trademark scuffle
As Dance Marathon programs across the country shift away from the slogan “For The Kids” due to trademark restrictions, the University of Iowa is taking the opportunity to rename one of its health care campus roads after another of its nationally-esteemed Children’s Hospital-related traditions.
www.thegazette.com
