Under Armour, Mercer’s official apparel provider for the university’s athletics programs, filed a lawsuit against Toby and Tot on Monday morning, claiming the two mascots breached an agreement by wearing Adidas clothing while parading across campus during gamedays and at other events.
The University previously contracted with Adidas to supply its varsity athletic teams with gear, but when Mercer went a new direction with Under Armour in July 2023, not everyone on campus was as willing to accept the change.
Toby, who wears a bright orange Under Armour jersey with black Adidas pants and three-striped shoes, and Tot, who wears an unmarked orange dress with black Adidas shoes, were seen pacing in front of the Bibb County Courthouse on Monday afternoon.
“They can’t do this to us,” a distraught Toby said. “We’ve put up with the same ratty uniforms for years, then they switch it up on us and demand the world.”
The Baltimore-based company said in a statement that while they appreciate Toby wearing the approved jersey, the company felt multiple lines had been crossed otherwise and that its only reasonable recourse was through the court system.
“This is why [Steph] Curry left them, the company can’t hold a candle to Adidas and they know it. I don’t even know why Toby wears their jersey,” Tot told The Cluster.
The pair were adamant they had snuck a clause into the contract when the lawyers for Mercer and Under Armour were at lunch back in 2023. But upon reviewing the court documents, including the contract signed by all parties three years ago, the bears concluded they had tampered with the wrong documents, possibly setting them up for another lawsuit in the future.
When asked if they would consider walking “bear” foot to appease the apparel giant, Toby and Tot flew into a rage and threatened to skip the Bear Walk next football season in protest.
Note: This is a satirical piece produced by The Cluster team in honor of April Fool's Day. Thanks for reading!
Porter Osborne Jr., who hails from rural Brewtonton county, is an avid prankster and purveyor of hijinks. The pre-medicine student is a devotee of climbing – always with a companion – to the platform of the Godsey Administration Building's spire whenever he gets a chance.
