Let's go, Bobby Mo!

It's one of the more popular student-led chants at Robert Morris men's basketball games, but thanks to a group of opportunistic students, the university does not have a legal right to what once was an informal, secondary nickname, "Bobby Mo."

Alumnus Nathaniel Benz and a group of students outsmarted the university that taught, and funded, them. In 2005, they trademarked "Bobby Mo" as part of their start-up business, Uwear Clothing, Inc.

Since then Robert Morris has sought, and failed, to buy the trademark from the students.

"We thought it had some value," said Robert Morris general counsel Sid Zonn of the Bobby Mo trademark, "but it was not worth the value that these kids were asking."

The university had even considered naming its mascot Bobby Mo, but abandoned the idea after negotiations with the owners of the trademark fell through.

Benz, who was a junior when the trademark was registered, said Uwear signed a contract with Robert Morris to manufacture Bobby Mo apparel in the past, which he said was sold in university bookstores. Benz said Robert Morris president Gregory Dell'Omo at several points had asked to buy the trademark outright.

Benz said the students were hesitant to sell the trademark because it was lucrative, and he said the offers were often "low-ball" figures in the $1,000 to $2,000 range. He said it is worth thousands more.

"They didn't realize just how much we were making," said Benz, a 27-year-old Lawrenceville resident who graduated from Robert Morris in December 2005 with a degree in finance.

He gained some notoriety in 2007 when he began to locally sell "Stop Snitchin' " shirts, meant to deter witnesses of crimes from testifying. Benz said he does not condone violent crime, but he said he believes police forces are sometimes too invasive.

At that time, he registered a "Stop Snitchin' " trademark and still holds rights to the slogan.

Benz said he would prefer to retain ownership of the Bobby Mo trademark but would consider selling it to his alma mater.

"If they threw out a reasonable number, it would be theirs," he said.

The two sides have not talked in about a year, Benz said.

Robert Morris' athletic teams are known as the Colonials, but Bobby Mo was a long-used secondary nickname. School spokesman Jonathan Potts said the school used it only in an informal basis.

Zonn said Bobby Mo is similar to the University of Pittsburgh's use of "Pitt." While its athletic teams are known as the Panthers, the university uses Pitt as a secondary nickname.

The biggest difference between the two: The University of Pittsburgh owns the Pitt trademark.

Benz said Robert Morris should have trademarked Bobby Mo a long time ago.

"They really goofed up, and we picked it up under their noses," he said.

Unable to buy the Bobby Mo trademark, the school held a contest for a new secondary nickname and eventually settled on "RoMo."

Now, a cafe on campus is named RoMo's Cafe, and the online TV station that features Robert Morris athletic videos is called RoMo TV.

And the mascot, a big-headed colonial, is named RoMo.

"It's a little weak," Benz said with a smile.

Trademark disputes are not new to Robert Morris. In 2008, the school was sued by what is now Robert Morris University of Chicago. The Illinois school was in the process of switching from Robert Morris College to Robert Morris University when the school in Moon protested, alleging the switch would create confusion between the two schools.

The case was settled, and both schools are now Robert Morris University.

And T-shirt flaps are not unique to Robert Morris.

The University of Pittsburgh and a group of students filed suit against the T-shirt vendor The Pittsburgh Stop, Inc., which registered a trademark for "The Oakland Zoo" after printing shirts for the newly formed student cheering group in 2001.

A judge ruled that since Charles Bonasorte, the owner of The Pittsburgh Stop, was the first to sell the Oakland Zoo T-shirts, he was the rightful owner of the trademark.

The university now owns a separate trademark with a new Oakland Zoo logo.

Henry Sneath, a partner and intellectual property lawyer at Pittsburgh's Picadio Sneath Miller & Norton, P.C., said the individual or organization that first uses a mark in commerce has the right to own a trademark.

Benz said he and the original owners of Uwear were the first to sell anything with Bobby Mo on it.

The university is not disputing that. In fact, Robert Morris helped the students get their business started.

Uwear, which is now solely owned by Benz, originated in one of Robert Morris' original entrepreneurship classes. Students created business proposals and pitched them to the professor, administrators and eventually a board of experts.

After Benz and his group pitched the idea for Uwear, the university liked it so much it gave the students $3,000 in seed money to launch the business.

After a professor and mentor urged the students to protect their content, the students used some of that seed money to register Bobby Mo with the U.S. Trademark and Patent Office.

That irony was not lost on the students.

Benz recalled one member of his group saying: "I can't believe it. I can't believe what we're doing. They gave us money, and we turned around and bought this trademark."

Nor is the irony lost on Zonn, who said with a chuckle: "I think these kids were business students, so God love 'em."

To Benz, that opportunism and aggression are important to success in business. And, for now, he said business is good.

"The biggest thing I've learned in business is, just do it," he said. "If you have a good idea and all your ducks are in a row, just do it. Deal with the consequences and with what everyone else thinks later."

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