The foundation owns the university's name.
In papers filed a year ago after the Board of Regents allowed the trademark registration to expire the UGA Foundation declared itself the owner of all things labeled ``University of Georgia.''
By doing so, the foundation asserted control over commercial use of the name, from things ranging from coffee mugs to ``education services, namely providing instruction at the college level,'' according to the trademark papers.
The name issue puts a new spin on the regents' decision Tuesday to end the university's relationship with the foundation, The Atlanta Journal-Constitution reported Friday.
The board action followed more than a year of controversy stemming from university president Michael Adams' decision not to renew the contract of popular athletic director Vince Dooley. Some foundation members were incensed at the decision and attempted to have Adams fired.
The regents, who have the sole power to hire and fire presidents in the state's 34-school university system, backed Adams.
The not-for-profit foundation manages the endowment that supports UGA's academic programs, raises money and handles assets of nearly $400 million for the benefit of the university system's flagship school.
In theory, the foundation could force the University of Georgia, founded in 1785, to stop calling itself the University of Georgia.
Lawyers for the university system are researching the trademark question, spokeswoman Arlethia Perry-Johnson said Thursday.
Six Atlanta lawyers who handle trademark cases told The Atlanta Journal-Constitution that both the regents and the foundation could make legitimate claims to the UGA name. All declined to be named because they have clients, law partners or friends on one side or the other, the newspaper said.
But the university's rights could supersede those of the foundation's because it has used the name longer.
Despite the regents' allowing the trademark to lapse, ``the university never abandoned its rights,'' said Tom Brooks, an intellectual property lawyer in Washington.
``Trademark rights are not dependent on registration,'' Brooks told the newspaper.
At the UGA Foundation's annual meeting Thursday on Sea Island, attorneys with the foundation's law firm, King Spalding, told foundation trustees that they could continue operating under the name. One of the lawyers is former U.S. Attorney General Griffin Bell.
The foundation, whose relationship with the university is to end in 90 days, decided against voting on a fiscal year 2005 budget and a slate of new officers at the meeting.
Trustees also held out hope that a compromise would be reached with the state Board of Regents allowing it to continue as the university's official fund-raising arm.
``People here are trying to do what's right to help keep things moving forward, not just at the university, for the whole state,'' said trustee Carl Swearingen, a former BellSouth executive.
In an e-mail to faculty, staff, students, donors and alumni, Adams said a new fund-raising arm is expected to be functioning ``within a matter of weeks.''
Adams also attempted to reassure people that the foundation's assets and UGA's fund-raising activities would not be affected. Almost all of the foundation's assets are held in restricted accounts governed by agreements that direct the use of the money, Adams said.
Ongoing fund-raising activities on behalf of UGA are carried out by full-time university employees because the organization's only full-time employee is its executive director, he said.
``The fund-raising efforts by these UGA employees have been very successful and we are once again having a good year,'' Adams wrote.
http://accesswdun.com/article/2004/5/158385