Joe-College.com and Kansas University are headed to trial in January after an arbitration hearing Friday ended without an agreement.

The business, which has a shop in downtown Lawrence, and the university have been engaged in litigation for the past year, stemming from allegations that the business is infringing on KU’s copyrights.

“We don’t want to shut him down,” said KU associate athletic director Jim Marchiony. “It has nothing to do with that. We just want him to quit using our marks.”

But Larry Sinks said his shirts – which often are the same shade of blue used by KU and have phrases like “Kansas Drinking Team” – have nothing to do with KU. And, he contends, the lawsuit is just a way to force him out of business.

“We’re just defending our right to free speech,” Sinks said. “My goal is to keep the store open.”

Last April, Sinks filed a counterclaim against the university, saying the lawsuit was a violation of his free speech rights. But recently, according to federal court filings, those counterclaims were withdrawn by Sinks.

Sinks said his attorneys advised him to withdraw the counterclaim because it amounted to a lawsuit against the state of Kansas. Under the law, he cannot sue the state. Sinks said he could refile against the attorney general or a person in lieu of the state, but at the moment he does not intend to do so.

The university is seeking attorneys’ fees for the time spent briefing and conducting depositions in relation to the countersuit, saying the lawsuit was frivolous.

“Their motion to dismiss the claim speaks for itself. They voluntarily dismissed it,” said Judy Pottorff, KU athletic department counsel. “That action speaks to the nature of their case.”

Both KU and Joe-College said there was no reason for the trial, set for Jan. 8 in Kansas City, Kan., to slip beyond the scheduled date.

Sinks said he hoped to resolve this matter soon, citing his nearly $200,000 in legal bills as a major hardship.

Pottorff said the university was eager to resolve the matter because, with every passing day, more damage is being done to the university’s trademarks.

The university is seeking a permanent injunction against Sinks using KU’s registered trademarks, as well as attorneys’ fees and damages for lost royalties stemming from the sale of unlicensed merchandise.