Rick Mirer recollects the first time he slapped the Notre Dame "Play Like A Champion Today” sign.
The wooden sign, which measures 3 feet in height, 4 feet in width, and is painted with gold hand lettering, hangs above the tunnel at Notre Dame Stadium. It's high enough that players can reach it up on their way to the field.
"As a student I touch the sign and I didn’t know it hadn’t been there for 50 years," stated the former star quarterback who arrived at Notre Dame 1989. "That locker room was sacred. That stairwell was sacred. That tunnel was sacred. And the sign is a big part of it."
Mirer was unaware that the sign had been in place for only three years under the guidance of Lou Holtz (football head coach) who was hired in 1985. Holtz had the sign in place for 1986, as a symbol of his ambition to restore the glory of a legendary program that was falling into mediocrity. He said that the idea came from a book about Notre Dame history he had borrowed from the university library during winter break to learn as much as he could on the school's rich tradition. He took a photo of the sign that was no longer in the stadium.
Holtz stated, "I started asking around." "What happened to the sign?" Holtz asked. It was unknown what happened to it. It was most likely during the coaching days of [coach Knute] Rockne, but I don't know what it was.
The Notre Dame sign slap was a favorite ritual. Holtz won the 1988 national championship with Notre Dame in his third season. The sign was first displayed by NBC in 1991. NBC had just awarded the university a marquee TV deal. They placed a camera in the hallway and captured the players hitting it.
Holtz stated last week that "it's become synonymous with Notre Dame."
Oklahoma's football coach Bud Wilkinson put a "Play Like A Champion Today!" sign above the locker room doors in 1947 or 1948. This caused outrage. Despite being in constant use at OU since then, the sign has not been able to achieve the same fame as the Notre Dame version.
Barry Switzer, the famous Oklahoma football coach who served as a coordinator from 1973 to 1988, said that "I came here [in the 1960s] and it was already up." "The '50s players claimed Bud put it up. The sign had to be placed underneath every player who went to the practice or game fields.
The Sooners also have a banner on the field with the phrase, surrounded by flags representing the seven national titles of OU.
On Sept. 15, a company called Play Like A Champion Today LLC (PLACT), announced that it had purchased the phrase's trademark and entered into a five year licensing agreement with Notre Dame.
Lou Holtz, former Notre Dame head coach, said that the Play Like A Champion Today sign "sort of became synonymous with Notre Dame." Jonathan Daniel/Getty Images
It's even more shocking that the PLACT ownership group is led by Holtz and a group investors, including Mirer as well as former Irish wide receiver Derrick Mayes. Switzer immediately posted his objections to Twitter, which shed new light on this long-running debate.
"When the news started spreading, Lou Holtz had copiedrighted this phrase. Of course, social media can elevate emotions," Joe Castiglione (Oklahoma's athletic director) said. "Fans started saying, 'Wait a minute. He cannot copyright that. It is not his copyright.
It's a one-sided argument. While Sooners fans complain that Notre Dame "steals" the idea, Irish fans reply with a shrug and claim that they are the ones who made it famous. Oklahoma has a claim to the tradition that is documented with photos and old news reports.
A 1957 Oklahoma Daily story explains that a sign titled "Play Like a Champion Today" is located outside the Sooners' dressing area. Sooner teams have been reading that sign for years, winning like champions and playing like them.
However, it is not well-known that the Sooners have any connection to this phrase outside of Oklahoma. Holtz said that it was new to him.
He said that he was just reminded of the first time he heard that Oklahoma had a sign. I didn't know Oklahoma had such a sign. It was an old book, so even if they had it in '40s, it was still up in ours in '30s. That's why I don't worry about it. We have the [trademark] now and we will move on."
Holtz could not help but add a little more and offer a suggestion for the Sooners who have played four close-than-expected games so far in the season.
"Right now, they play the last couple weeks." Holtz said. Holtz said.
The Play Like A Champion deal for Notre Dame is an opportunity to leverage some of Ireland's greatest star power to grow their brand. It is a tradition made for TV that has overshadowed more than 80 years worth of Oklahoma's history. It comes down to one question: Who should own college football's most beloved traditions?
Oklahoma players leave before the September 2020 match against Tulane. @OU_Football
Universities were not always vigilant about protecting intellectual property. Copyrighting words and phrases is a cottage business, much like domain names back in the early days. The number of trademarks filed in the United States has increased by 146% over the past decade. It went from 269,000 applications in 2009, to 662,000 in 2020.
There are many turf battles. Texas A&M owns the trademark to "12th Man", which is meant to signify the support of fans at the stands. It has vigorously defended the claim and licensed it to the Seattle Seahawks as part of a 2006 legal settlement.
Play Like A Champion Today was the result of a smart Notre Dame employee who took initiative and outmaneuvered two college football programs, before selling the rights.
Laurie Wenger, a Notre Dame employee and graphic designer, drew this assignment following specific instructions from Holtz about how he wanted it to look.
"It was just another work for me," Wenger stated in 2010, in "Strong of Heart," a Notre Dame annual publication of profiles in athletics. "I should have made it more formal, looking back."
According to John Heisler (an athletics staff member at Notre Dame for over 40 years, who has co-written, edited, and written 10 books about Notre Dame football, the sign was the most visited on campus.
Heisler, who is now UCF's senior associate athletics director, said that it was "crazy". It was the first thing visitors asked me to see when they came to town. It was bigger than the football games.
Wenger began receiving requests from people wanting to purchase their own "Play Like A Champion Today” sign. According to "Strong of Heart", Ron Wenger, Wenger's husband, delivered the first sign to their customer. He said that he was a walk-on player in football.
Laurie Wenger created the Play Like A Champion Today sign for Notre Dame during Lou Holtz's era. It is a tradition for football players to touch the sign on their way out onto the field. AP Photo/Joe Raymond
Ron stated, "I had never seen so many Notre Dame memorabilia when I went down his basement." He had a helmet, jersey and even a pew in his church.
Rudy Ruettiger was the inspiration behind "Rudy", the film about the Irish football player. He also inspired the Wengers by telling them to dream bigger. Rudy Ruettiger would have one.
In 1993, the Wengers applied to trademark. Because it did not include the name "Notre Dame", the university didn't contest it.
Holtz stated, "It never occurred to me that anybody would [trademark] this." "That belonged Notre Dame."
Castiglione stated that Oklahoma wasn't aware of the situation and said that he believed Oklahoma's current legal team would be better equipped to handle such matters.
Castiglione stated, "I can guarantee that if we had known about it, we would have contested." "It would have been obvious that it would have been brought up to our attention, as we are being deliberate about our branding and our customs."
Champion athletic apparel in 1995 contested the original April 1993 filing. In 1997, the Wengers renounced their claim.
Josh Gerben is a trademark attorney and maintains a sports data base. He said that this can sometimes happen when a small company doesn't have enough resources or the desire fight a large corporation and pay the legal fees.
The blessing of Notre Dame allowed the Wengers to continue selling merchandise and signs. Heisler stated that he counted 40 items in the university bookstore once with these five words.
Laurie Wenger was born blind in her right eye and was later diagnosed as having multiple sclerosis. In 2012, she told ESPN.com that she had to stop making signs after having done nearly 700. She stated that she was grateful for all the money the phrase brought in for her family, as it helped pay for her medical bills, which included a brain tumor.
She said that although it has not been millions of dollars, it had helped to keep her nose above water.
The Play Like A Champion Today sign measures 3 feet by 4 feet and is made of wooden. It's painted in gold with blue lettering. AP Photo/Joe Raymond
In 2006, the Wengers filed a new trademark application. This was based on years of evidence that they had supplied Notre Dame with merchandise bearing the phrase.
Mirer stated that the university had never owned it for whatever reason. It blows everyone's minds. It was a revelation to me and everyone I have spoken with about it. Although it was strange that Notre Dame did not own it, times have changed. What would have been the chances that a baseball card worth $5 million fifty years ago?
Notre Dame is already more proactive in protecting its traditions. Apart from Fightin' Ireland, Notre Dame also owns trademarks for phrases such as Domer, a nickname of university alums; Four Horsemen (the nickname of the 1920s backfield of Harry Stuhldreher and Don Miller, Jim Crowley, and Elmer Layden); and Grotto for the university’s reproduction of the Grotto of Our Lady of Lourdes, France.
Mirer and his team formed Play Like A Champion LLC in order to find the one that was missing. Holtz was 100-30-2 at Notre Dame and won the last national championship in 1988.
Mirer stated, "Coach must be a part this." This was his work. This is his legacy. We still have him. He's still got his statue.
According to records, the Wengers' trademark ownership was transferred to Holtz's group by the Wengers in September 2020. Officials at Notre Dame said that although they have always enjoyed a good relationship, several other parties were involved in licensing the trademark over the years. The terms of the deal were not disclosed. Ron did not return a call when Ron was reached earlier this week. He had only asked one question about the Wengers journey with the trademark.
Mirer stated that he was aware of the Wengers history with the sign.
Mirer stated, "Let's look after her family, make them whole." Mirer said, "Because she created it with some direction, evidently."
The school announced the licensing agreement with PLACT. It stated that the PLACT group would "work closely with the University" to provide exclusive product collections to its official retail outlets. Fanatics is also involved in the deal for the Notre Dame shop. Mirer also suggested a deal with Barnes & Noble bookstores.
Gerben, a trademark attorney, stated that the group had filed with the U.S. Patent and Trademark Office to expand merchandise categories including golf items such as bags and towels and alcohol.
Mirer, who also owns Mirror Napa Valley winery, helped to produce a Play Like A Champion Today Chardonnay. It sold out its first run. A Cabernet 2019 bottle sells at $40 per bottle.
Holtz stated that "It's an excellent group of people, they care about the signage." They care about making it right. The relationship we have with Notre Dame is wonderful.
Holtz sees this venture as preserving a tradition that he has brought to life.
He said, "I don’t know or care what anyone else is doing," "This is what Notre Dame did, and it's one of the most well-known sayings in sports."
From 1953 to 1955, Bob Burris was a Oklahoma letterer. Above him is a Play Like A Champion Today Sign. @OU_Football
Since it has been protected for many years, the trademark of Notre Dame is solidly legal. Oklahoma is left in the dust.
Castiglione stated, "I'm saying this not in a cavalier manner but just in a straight way: We're continuing to use Play Like A Champion today like we always have."
Signs are posted at Gaylord Family Oklahoma Memorial Stadium. During games, announcements are made over the speakers that encourage fans "Cheer like a Champion Today." The Fine Arts Building is home to the campus' music school and a sign encourages musicians "Play Like a Champion Today."
Castiglione stated, "We've used them on so many things." "I can't even imagine us changing our practice."
Gerben stated that Oklahoma won't likely have to worry about this.
He stated that he believed that Oklahoma would be unable to enforce its trademark against the group. "Given the history of Oklahoma's usage, it is likely they would have a difficult case." "I believe there is a misconception that trademarks are owned by someone who owns the trademark to a phrase. They don't get the title to the phrase.
He gave the example of a Burger King located in Mattoon, Illinois that was established before the national chain. It is still known as Burger King. The trademark would have prevented the Illinois outpost from expanding rapidly without it. The U.S. Patent and Trademark Office also requires trademark applicants to indicate the intended uses of their trademark.
Gerben stated that you could have someone who owns the phrase for golf towels or other items, and Oklahoma could still wear it in their locker room or on T-shirts all around campus. These two uses can also coexist legally.
Castiglione does not claim Oklahoma is the originator of this phrase. However, he noted that the phrase is widely used in schools across the country at all levels. According to Castiglione, all research done by the Sooners suggests Wilkinson may have brought the phrase from Minnesota where he was a coach Bernie Bierman. Holtz, who arrived from Minnesota to Notre Dame, even claimed that he didn't know the name or title of the book in which he saw the Notre Dame photograph. Heisler stated that Notre Dame never was able to locate the source.
Castiglione can't understand why such a ubiquitous phrase could (or should be) owned by individuals.
Castiglione stated that if the item is unique to an institution, it might be trademarked. It seems completely out of order to trademark something that wasn't yours in the first place and then trademark it with an idea that you would protect it for any reason, even monetary. It would be like one person going out and trademarking "Sooner Magic." It's not the right of any one individual to trademark a phrase that applies to an institution.
The University of Oklahoma Board of Regents holds the trademark "Sooner Magic".
Mirer stated that his group appreciated Oklahoma's stance, and that they have not done anything to take aim at OU. Mirer said that there is no point in disputing who got the sign first.
He said, "I knew that that was a phrase used." He said, "I had seen the picture before and was well aware of it." It has been discussed quite a lot. It's a fact that they should have trademarked the name. It is synonymous with Notre Dame. It's a symbol of Notre Dame.
Switzer can, of course be counted upon to provide a counter-rebuttal, even though it doesn't have much legal standing.
Switzer said, "I don’t give a s ---, I know." Switzer said. Switzer said, "We know the truth."
