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Archive for Thursday, December 18, 2008

KU, Joe-College face new battle in lengthy legal contest

KU wants $1.4M in legal fees, triple profits and royalties, plus shirts seized

KU is renewing its fight against a Lawrence clothing store for trademark violations.

December 18, 2008

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Attorneys with the Kansas University Athletics Department filed a new wave of legal arguments this week aimed at punishing downtown T-shirt retailer Joe-College.com for violating university trademarks.

The most recent filings in U.S. District Court up the stakes by seeking $1.4 million in legal fees and expenses from Joe-College.com owner Larry Sinks. The filings, made on Tuesday, also ask the court to seize T-shirts that the university contends are illegal and to order Sinks to pay KU triple the amount of profits and royalties generated from the sale of shirts in question.

“Royalty revenue generated by university trademarks are used to fund important activities like student scholarships,” Charlie Henn, Jr. an attorney for KU said in explaining the university’s further pursuit of the case. “When you have a company like Joe-College out there selling unlicensed merchandise, you are literally taking money away from students who otherwise would not be able to attend KU.

The battle between Sinks and KU largely was considered to have come to a head in July when a federal jury ruled that about 50 T-shirts — roughly a quarter of the shirts KU had protested — violated the university’s trademark.

But the new filings open a new chapter in the battle. Sinks’ attorney said he’ll challenge all the new arguments, and particularly will argue that Sinks and his business should not be required to pay KU’s legal fees for the case.

James Tilly, a Tulsa, Okla. attorney for Sinks, said courts are only allowed to order a defendant to pay a plaintiff’s attorney’s fees in “exceptional cases.”

“This is not an exceptional case for a number of reasons, one of which is that Mr. Sinks was the prevailing party in roughly three quarters of the shirts that were presented to the court,” Tilly said.

But Henn said that KU is entitled to have its legal fees covered because the jury found that there were instances where Sinks “willfully” violated the trademark of the university.

KU is arguing recent activity by Sinks is another example of him willfully violating university trademarks. The athletics department presented photos to the court of Sinks selling shirts in his store that the court had banned.

But Sinks’ attorney said the shirts — which come in different colors and have the word Kansas printed on them — were sold mistakenly and not in defiance of the court’s order.

“There’s no question that he understands the need to comply with the judge’s order,” Tilly said.

Tilly said there’s no dispute that Sinks immediately removed from sale every T-shirt that the jury in July found to be in violation. But the T-shirts now in question were not part of that verdict. Instead, they were T-shirts added by U.S. District Court Judge Julie Robinson in early December.

Tilly said the most recent order by the judge was not overly clear. Tilly said he had not done a good enough job telling Sinks what shirts had to be removed. The shirts were sold for about 10 days. The shirts no longer are for sale, although Tilly has filed a motion asking Robinson to change her order to allow the shirts to be sold again.

Henn, the KU attorney, said he does not believe the sales were an innocent mistake.

“There is no conceivable way that this is an issue of miscommunication,” Henn said.

In other news in the case, Sinks’ attorneys are arguing that the amount of money the jury awarded KU in the original verdict is too high. Tilly said the court overestimated the amount of profit Sinks made from the T-shirts that were found to be in violation. The court found profits of about $120,000. Sinks is arguing the amount was about $29,000.

In total, Sinks was ordered to pay about $127,000 in profits and royalties. Sinks is seeking that be reduced to $38,196.

Comments

lucky7brand 5 years, 4 months ago

I haven't read through all of the 8o some comments. But how about KU contracts this home town small business owner to printer their "trademark" KU attire instead of making some fortune 500 company richer.---- Whoever they have make their t's, hats, etc. And they probably have the stuff made and printed over seas or in Mexico anyway. Oh yeah, careful all you people using ku comments and and usernames with jayhawk in it you might just get sued.

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livnlarry 5 years, 4 months ago

First of all Lew Perkins is doing whats right. And frankly has done whats right since the day he got here. I hope all of you figure it out someday but you wont. I am embarrassed by most of the shirts Joe College offers. I went to the OU game this year in Norman and walked behind a KU fan with a shirt that said "you can stick the panhandle up yours" thats suppose to be Cool??? Its about as cool as Rip your f&^*(n head off. I dont know who owns the building Joe College is in but he needs to up rent by about 10000K a month and get him the hell out of town.

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LawrencePothole 5 years, 4 months ago

Heck, Larry Sinks is the Bret Mosiman of the shirt business: screws over just about everyone he works with and then claims persecution when he doesn't understand why nobody is willing to help him. He's always got the support of ignorant posters such as those on display here, I guess.

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LawrencePothole 5 years, 4 months ago

BIGBEAR (Anonymous) says…is Phog.net paying KU to have that website?if not then they should be suedThis comment right here shows your complete ignorance and pettiness about the subject at hand. Oh, and once again the LJW has removed a factual comment about JoeCollege and their thievery of intellectual property. Isn't the first time, i figured it might not be there long. If someone there doesn't like what I say, nor believe it, you know how to contact me. I have evidence to back up my claim against JoeCollege.

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BIGBEAR 5 years, 4 months ago

is Phog.net paying KU to have that website?if not then they should be sued.

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BIGBEAR 5 years, 4 months ago

I wish I was. then I'd have alot more info to give you whines!

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guzzy393939 5 years, 4 months ago

Everybody should just relax, put on their favorite tee-shirt, go by some Pieroguys Pierogies, cook them up and eat them. They will make you feel peaceful and full!!!!!!!!!

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LawrencePothole 5 years, 4 months ago

As a side note, KU contacted Jayhawker Tees and asked them nicely to stop selling those tees and they did. JoeCollege still sells those shirts, now with a slightly altered design mind you, because they knew they stole the idea. Jayhawker Tees didn't have the money to fight JoeCollege over stealing their intellectual property, and now that JoeCollege met a larger adversary, I can only say that karma is a b!tch.

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LawrencePothole 5 years, 4 months ago

Phillbert (Anonymous) says…"Bear, That's a good idea. But before you go I suggest you head to phog.net to read the thread about the various shirt designs that Sinks stole from students and other KU fans and is now selling as his own work.The shirt that proclaims “Kansas: Keeping America Safe from Missouri Since 1854” that Sinks sells? Completely and totally ripped off from a shirt that was originally produced by one of the posters on Phog. But that guy can't afford to hire an attorney, so Sinks gets away with it."I have emails that I traded with JoeCollege over this issue because a friend of mine bought his from there, and knew I already had one from the original source, Jayhawker Tees. JoeCollege tried to lie and say some student brought it in and sold them the idea. There's some of the fine creativity on display, I tell ya.

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BigPrune 5 years, 4 months ago

YouPeopleAreCrazy says...."Really? Does KU pay sales tax? Jeebus, bringing in thousands of people who stimulate the local economy isn't enough for you people? Now they have to pay Lawrence sales tax? Some of you will find anything to whine about."I think KU needs to pay their fair share - as in sales taxes. If temporary KU students can pass a sales tax increase for the permanent residents, then KU can pay local sales tax when they sell items (if they don't do it already). Fair is fair. Is that such a bad thing? After all, the people the gripe the most about the City giving private companies tax abatements, are as a whole, employed by KU. Their excuse is these companies don't pay their fair share. Shouldn't the same apply to KU? That is, if KU does not pay sales taxes on items they sell on campus. We all know they do not pay property taxes, nor do they insure our buildings on our campus.

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Phillbert 5 years, 4 months ago

Bear, That's a good idea. But before you go I suggest you head to phog.net to read the thread about the various shirt designs that Sinks stole from students and other KU fans and is now selling as his own work. The shirt that proclaims "Kansas: Keeping America Safe from Missouri Since 1854" that Sinks sells? Completely and totally ripped off from a shirt that was originally produced by one of the posters on Phog. But that guy can't afford to hire an attorney, so Sinks gets away with it.

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BIGBEAR 5 years, 4 months ago

whine whine whine. I would love to meet any of you whines at Joe college. Lets talk in person about the facts. Look it up. KU ATHLETICS AND KANSAS UNIVERSITY VS. LARRY SINKS

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YouPeopleAreCrazy 5 years, 4 months ago

gestopoKU (Anonymous) says…"Fact is, this business is creative and produces a product people want and people buy. These are clever products that actually show off the creativity of the not only the University but it's administration, faculty, citizens and students … something to be proud of. Just because a few old prudes think it is “tasteless” I say get a life. Get used to it - the real world happens."Those shirts aren't creative, and if they were such a profitable and lucrative industry, don't you think those greedy bastards in their ivory towers, as you call them, would be selling the ones they won in court? Think about that for a minute. The reason they aren't selling them is because they don't want their trademark associated with it. Surprisingly, this the same reason they sued JoeCollege in the first place, imagine that.

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jhawks360 5 years, 4 months ago

GestopoKU,"Fact: no student is going to lose a scholarship."What an idiot thing to say. Here's a basic equation to help you understand.KU trademarks (owned by Athletics) generate money.Between 2/3rd and 3/4ths of that money goes to general scholarship funds for non-athlete students.So, if there's less money generated via trademarks (because a scumbag Joe College owner steals them), then there is less revenue generated for scholarships.Therefore, Joe College trademark enfringement = less student scholarships.If you don't understand that, you clearly went to Mizzou.

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gestopoKU 5 years, 4 months ago

KU is guilty of "Institutional discrimination" against small businesses, free enterprise and the American way. Fact: no student is going to lose a scholarship. This is clearly an attempt to drain this small business financially with high legal costs (it really costs us, as tax payers). How many scholarships could KU award with all this legal money they spend trying to squeeze a creative businessman out of business? The ivory tower at KU Athletics has way too much time on their hands. Yeah, go ahead, trademark a font, trademark a color hue, trademark a combination of words, but trademark KANSAS...give me a break. This is America where the law allows us to burn an American flag but not print KANSAS on a tee shirt? Unite people, stop the People's Republic of Kansas. Stop the tree-hugging, tenured bureaucrats, government employees and elected and appointed institutional officials from interfering with local businesses. None of whom ever worked for themself or ever made a penny profit in business. Fact is, this business is creative and produces a product people want and people buy. These are clever products that actually show off the creativity of the not only the University but it's administration, faculty, citizens and students ... something to be proud of. Just because a few old prudes think it is "tasteless" I say get a life. Get used to it - the real world happens.

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Joel Hood 5 years, 4 months ago

BIGBEAR - If KU Athletics is an independent, revenue-generating enterprise and they are the ones suing Larry Sinks, how are Kansas taxpayers fitting the bill for this one? KU Athletics now has ownership of all trademarks that are in question here. KU Athletics is taking Sinks to court at no expense to the Kansas taxpayer as far as I can tell. If I am wrong, someone please expain it to me with really small words.

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BIGBEAR 5 years, 4 months ago

Do you live in the state of Kansas? Do you pay Taxes?If you pay taxes then YOU are paying for KU's side of the lawsuit. Public school, public funds. $1.26 Million!!LESS then 10% of the money made by KU athletics goes back into the GENERAL scholarship fund. Where does the rest go?Athlete scholarships???kind of, but really...-Lew Perkins and his lackies paychecks-Bill Self and his assistants paychecks-Mark Mangino and his assistants paychecks-Tutors to keep our "star" players from losing scholarships-WATCHERS to make sure "star" players go to class-"Practice fields" that they dont use, or allow anyone to watch-Trees to guard the fields

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YouPeopleAreCrazy 5 years, 4 months ago

Green_Trees_Brown_Dirt (Anonymous) says…"Really? Would you mind taking some time to explain in detail the distinction? Even LJ World appears confused on this point, as they continually refer to “KU” in this story and, in fact, the opening sentence refers to “Attorneys with the Kansas University Athletics Department” (not “KU Athletics” as you incorrectly cite — the correct name is Kansas Athletics, Inc.). So, do you have a copy of the legal complaint handy? We'd all like to see the named parties. I'm sure LJ World would like to revise their story also. On the other hand, if you actually knew what you were talking about, you'd recognize that the lines of demarcation are not so clear. KU and Kansas Athletics will be forever connected, for better or worse, to death do they part."I'm not going to argue semantics with you. Whether you call them the Kansas University Athletics Department, or KU Athletics, you are still wrong. The lines of demarcation are actually very clear, just like it is very clear that JoeCollege infringes on KU's trademarks.

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mwwag 5 years, 4 months ago

dweezil222joe college is accepting donations. there is a collection jar at the store.

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Boeing 5 years, 4 months ago

I think I will get a couple new shirts from Joe College just to stick it to KU. Yep, sounds like a good Friday activity for me! Got to be ready for the Insight Bowl.

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logrithmic 5 years, 4 months ago

KU better hope I'm not selected for the jury....

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BABBOY 5 years, 4 months ago

Lew Perkins is a greedy pig and should go the way of Carl Petterson. Have you ever meant the guy? He sweats a LOT.

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california 5 years, 4 months ago

This is about Larry S(t)inks and his slippery ways. Go KU, Go. Larry has had it coming for decades. The guy is a slimy crook.

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blue73harley 5 years, 4 months ago

Just another reason for me to despise KU. Go 'Cats!Signed, Disgruntled '86 KU Alum.PS. Lew Perkins sucks.

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lildos 5 years, 4 months ago

YouPeopleArecRazy and jayhawkerjoel seem to be the only sane people in this discussion. I like how people are lumping the University with KUAthletics Inc. Not only that, copyright infringement, especially blatant one like JC's, is a serious matter and licensing money is one of the biggest revenue makers for any athletic program. I may be wrong on this, but I am pretty sure KU Athletics Department=KUAthletics Inc. I tried to find info online but could not find it, but I am pretty sure they are one in the same. On the kuathletics website, Lew Perkins is Athletics Director, and I think that means either the Department or KUA Inc.I have nothing against the JC guy, even though I have never bought anything in his store. But he is clearly going overboard with some of his shirts, and he is doing a good job in spinning some of the facts of the lawsuit to make it sound like KU is just bullying him. KUAthletics Inc., and KU for that matter, not only have the right but the duty to contest copyright infringement. Especially when the revenue being lost is partly directed to scholarship, be it of athletes or 'regular' students. Let's not forget that the money made by KUAthetics Inc. also support non-revenue sports and scholarships for such sports.If you are taking money away from scholarships you should pay the price.

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jhawks360 5 years, 4 months ago

What, nobody is going to comment on my offer to take up a collection for the students Sinks is screwing out of scholarships?Perhaps that part of the story is too inconvenient for you Athletics haters...

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Green_Trees_Brown_Dirt 5 years, 4 months ago

YouPeopleAreCrazy wrote:"I don't think you understand. KU Athletics is suing over this, not the University itself. KU Athletics is a profitable venture, it is about profit. Why do you think KU Athletics introduced the point system? For profit. You don't know what you are talking about."Really? Would you mind taking some time to explain in detail the distinction? Even LJ World appears confused on this point, as they continually refer to "KU" in this story and, in fact, the opening sentence refers to "Attorneys with the Kansas University Athletics Department" (not "KU Athletics" as you incorrectly cite -- the correct name is Kansas Athletics, Inc.). So, do you have a copy of the legal complaint handy? We'd all like to see the named parties. I'm sure LJ World would like to revise their story also. On the other hand, if you actually knew what you were talking about, you'd recognize that the lines of demarcation are not so clear. KU and Kansas Athletics will be forever connected, for better or worse, to death do they part.

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Joel Hood 5 years, 4 months ago

Look at some of the shirts that were found in violation. He is using the word Jayhawk, the word Kansas is used in direct reference to the University, the Jayhawk logo is used, Beware of the Phog, etc. http://www2.ljworld.com/photos/galler... He can sell blue shirts with the word Kansas on it, there are many shirts he can sell that are very clever and make obvious indirect references to KU, and best of all many of them insult Misery. But Larry is looking for a fight here. He is intentionally poking KU Athletics and in all probability, it's for the publicity. For all you Perkins/Marchiony haters out there - Joe-College would not be nearly as successful if it weren't for the Perkins/Marchiony regime. J-C is only successful if KU Athletics is successful and KU has two of the meanest dogs leading the fight. I'd rather have Perkins/Marchiony on our side than somewhere else - just look a few miles down the road at K-State.

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loosecaboose 5 years, 4 months ago

Will all of this settle down when that large college changes its name? They already play home games iin Missouri, so I am sure the name will change to MU West. Then they will have beaten Joe College!

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Paul R Getto 5 years, 4 months ago

For critics of the athletic department and KU in general (not the same entities), remember, without the University, Lawrence would be --- Eudora?

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Unix_Admin 5 years, 4 months ago

Larry is far from a scumbag. I have known him for many years, and he is a very good person. Very charitable, friendly and honest. Although he does like a good fight! More power to him!

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tangential_reasoners_anonymous 5 years, 4 months ago

KU Athletics, Uber Alles!Uber Alles, KU Athletics!

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jhawks360 5 years, 4 months ago

dweezil222 ,Instead of taking up a collection for the scumbag Sinks' legal fund, why don't we take up a collection for the students he is screwing out of scholarships?!

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hawkperchedatriverfront 5 years, 4 months ago

What ?? KANSAS has become synonomous withKU. Tell that to the folks at KState. And to top if off, the new lab in Manhattan will become synonomous with K State and Kansas, not Lawrence.The shirts are all over priced and end up being rags to clean toilets with and wipe grease from working on cars.Why would anyone in their right mind pay the kind of money the shirts sell for? REally?

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YouPeopleAreCrazy 5 years, 4 months ago

Really? Does KU pay sales tax? Jeebus, bringing in thousands of people who stimulate the local economy isn't enough for you people? Now they have to pay Lawrence sales tax? Some of you will find anything to whine about.Also, for anyone thinking this is only because KU is mad JoeCollege came up with the shirt ideas first, please tell me why they aren't licensing and selling the ones they won in the court battle right now? Why aren't they out there? Guess what, it's because KU doesn't want their name associated with it, that's why, not because of some petty jealousy or profit grab. One more thing, just about nobody in the country other than those in Kansas would buy a shirt that said just "Kansas" on it unless they related it to KU Athletics. Like it or not, Kansas has become synonymous with KU. You can keep making petty one-liners about "being scared to use the word Kansas without an r", but that only shows how little you know about this subject and how little you have to contribute.

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BigPrune 5 years, 4 months ago

Does KU pay sales tax to Lawrence when they sell items on campus, or state sales taxes only? I've never paid any attention.

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YouPeopleAreCrazy 5 years, 4 months ago

I don't think you understand. KU Athletics is suing over this, not the University itself. KU Athletics is a profitable venture, it is about profit. Why do you think KU Athletics introduced the point system? For profit. You don't know what you are talking about.

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Green_Trees_Brown_Dirt 5 years, 4 months ago

As much as some 3-figure administrators might like to think, as well as some of the public that have grown up in a culture that knows nothing but rising bar graphs, the university is not a profit machine. It's "interests" should be invested in things other than protecting shallow business concerns. Copyright and trademark infringement should be very low on the list of a higher ed institution's concerns. If you are an author or artist or scientist employed by a university, and you encounter infringement of something you personally created, then that's something different - but for the university to be embroiled in this particular idiotic episode is complete nonsense. GET BACK TO BEING AN INSTITUTION OF HIGHER EDUCATION!!!!!!!!!!!

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oldvet 5 years, 4 months ago

This is one where KU is just a big bully... I resolve to not buy a single licensed product in 2009 and to be sure to shop at Joe College for some items... I really wanted a t-shirt from the Insight bowl win but I will skip it unless Joe is selling it...

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lawthing 5 years, 4 months ago

There is no goal to win here. It is just a matter of who will be the first to go broke fighting

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Confrontation 5 years, 4 months ago

Judgesmails: If you ever owned anything in your life, other than some dirty magazines, then you'd understand why someone else shouldn't steal what's yours. Of course, I'm betting that you're either Mr. Stinks himself, or one of his loser friends.

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YouPeopleAreCrazy 5 years, 4 months ago

notajayhawk (Anonymous) says…If, in your opinion, KU athletics is the only thing that gives life in the state of Kansas meaning and makes it worth living, ypac, you really need to get a life.___________I didn't say it was the only thing that gave life in Kansas any value, I said it was the biggest thing here. Please, tell me something remotely similar that brings people to Kansas and makes a name for Kansas on a national level. Something, anything. Amelia Earhart? The Wizard of Oz? Wheat fields? Large swaths of nothing in the west? Wichita? Give me something that would bring thousands of people together in the state of Kansas on a relatively frequent basis. I know the issue isn't about taking away Kansas Athletics, but I see that argument brought forth on here in regards to all the supposed "wasteful" spending on athletics. The point is that KU Athletics is a profitable venture for not only the athletic program as a whole while funding many women's sports, but in attracting students and business. Because KU Athletics are relatively good and profitable leeches like JoeCollege arrive, otherwise JoeCollege would not see any profit by promoting a two-bit University sports program. If KU would like to remain profitable it must retain strict control over the usage of anything related to its copyright. This isn't a silly lawsuit, most people older than 21 think those shirts are stupid and crass, and most of the people here hate KU no matter what they do anyways.Sincerely,YouPeopleAreCrazy

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Bud Stagg 5 years, 4 months ago

Guys this could also be a simple copyright issue. If KU does not defend it's copyright, then it could lose the ability to do so. Kleenex is a classic example. Everyone can call their tissues Kleenex because the trademark was not defended well. Now on the other hand, I think they are after Larry.

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HangingTen 5 years, 4 months ago

Kansas Basketball isn't the biggest thing in Kansas. Last I heard it was Cabella's.p.s. Does anyone know if I'm gonna be sued for typing the word "Kansas"? I keep thinking I need to put a "(r)" behind it for fear that I'll be sued over it.

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hawkperchedatriverfront 5 years, 4 months ago

KU has always had a problem with competition at the bookstore level; it goes way back to Rowlands Book store.KU sadly, is a bully.Everyone should design their own shirt, but there are so many folks captivated by being a Jayhawk and can't get enoughof the stuff. I took some crap to an auction and a fool paid $4.50 for the stuff that I picked up from the street and here and there. One of those fans, that are handed out around football time and some other junk. Go on ebay and look how much people pay for "old" jayhawks.Surely someone is bright enough to come up with a competing idea and force KU's hand. Then they would have to buy your RIGHTS.Lawrence never has been too bright.

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dweezil222 5 years, 4 months ago

Is Sinks accepting donations for his legal fund? I'd like to start a collection.

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notajayhawk 5 years, 4 months ago

YouPeopleAreCrazy (Anonymous) says… "What do you think happens to KU after all that? What do you think happens to Lawrence? What do you think happens to the state of Kansas now that there is no more athletic accomplishment in which to unite as a whole, no matter what desolate region you lived in. Guess what, Kansas Basketball might be the biggest thing in the entire state of Kansas. There's really nothing else here, and if you take that as a slight of whatever you think might be more important, I ask you this: Do 50,000 other people think that's important a well?"If, in your opinion, KU athletics is the only thing that gives life in the state of Kansas meaning and makes it worth living, ypac, you really need to get a life.

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dinglesmith 5 years, 4 months ago

Lest we all forget, when we finally have a "yes" or "no" from the court, all the lawyers stop getting paid. They will do anything to prevent that. Thus, the lawyers whispered in KU's ear and we have another lawsuit...

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Green_Trees_Brown_Dirt 5 years, 4 months ago

YouPeopleAreCrazy, the debate here isn't whether or not KU Athletics is "important" to the university or Lawrence! The thing that ruffles feathers is that it feels like real dumb ass venture for a university to go chasing down a goofball tee-shirt dealer for something that seems really, really lame - especially given other severely pressing issues that KU has to face in the very near future. Mr. Henn recognizes how lame this case seems to the public, and attempts to make it relevant when he states that royalty revenue willfully not paid to KU is "literally taking money away from students who otherwise would not be able to attend KU". Really? I think KU's wizard of an attorney has misused the term "literally", but I could be wrong.

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macon47 5 years, 4 months ago

just crush him like a dovethat is how stupid this isku should have better things to do

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YouPeopleAreCrazy 5 years, 4 months ago

I don't think most of you people know how important KU Athletics are to not only the school as a whole, but Lawrence as well. If KU didn't have athletics, or had crappy programs, the University would be sorely lacking for money. No more licensing fees, no more national presence, no more added tourism dollars for Lawrence. Trust me, 50,000 people aren't coming into town on a weekend for a debate, people. Let's face it, 20,000 people aren't going to come to town to watch a math contest. Heck, those figures aren't even a one time thing, I'm talking multiple times over a 8 month period. What do you think happens to KU after all that? What do you think happens to Lawrence? What do you think happens to the state of Kansas now that there is no more athletic accomplishment in which to unite as a whole, no matter what desolate region you lived in. Guess what, Kansas Basketball might be the biggest thing in the entire state of Kansas. There's really nothing else here, and if you take that as a slight of whatever you think might be more important, I ask you this: Do 50,000 other people think that's important a well? KU Athletics has every right to defend their trademark against whoever may infringe upon it. Joe-College does not sell licensed material, but they do sell tshirts of questionable trademark infringement and taste, not to mention some bearing the names of student athletes. Joe College has already been taken to task for stealing tshirt designs from ordinary students, as well as those from posters on message boards concerning KU Athletics.The point here is, JoeCollege runs their business in a shady gray area of the law concerning trademark infringement. They have already had a decision regarding this very same issue go against them, and while they may have removed any shirts that were found to be infringement, they may not have followed the courts ruling regarding any new shirts they might print up. Let's face it, as long as the two remain profitable ventures, KU and JoeCollege, the problem will remain. JoeCollege is free to print up all the shirts they think they can get away with, and KU is free to sue the crap out of them every time they do. Eventually, the lesson will be learned in that running a questionable shirt shop near a University is not a profitable venture and JoeCollege will go away, but I know I can count on all of you to find something else to complain about regarding KU without realizing how important it is to this town.Sincerely,YouPeopleAreCrazy

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jhawks360 5 years, 4 months ago

oohmgrover,The scholarships don't go to student athletics, they go to regular students on a need basis.I'm with Athletics on this one. If the shirts violate a trademark that generates significant revenue for financially strapped students, then screw the idiot Joe College owner.

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oohmgrover 5 years, 4 months ago

I hardly think that the Athletics Department is hurting for money for student scholarships. Just think - they could have sent a team of undeserving jocks through college for the amount of money they spent on a worthless practice field and subsequently worthless row of trees to protect the worthless practice field. Worry about the academic scholarships, which could include athletes if they bother to keep up their grades in high school, rather than worrying about how a small businessman is "stealing" from the so deserving students who get full scholarships for being able to run and jump when someone with a 4.2 in high school gets 750 bucks.

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Marion Lynn 5 years, 4 months ago

Rockchalkchickenwalk DOT com.Coming soon to an internet connection near you!

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Judgesmails 5 years, 4 months ago

Confrontation (Anonymous) says… Keep fighting KU! Protect what's yours. Sinks should come up with his own stuff, rather than ripping off the university.___youre such a nozzle.......alwayssorry your life sucks so bad

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jayhawks71 5 years, 4 months ago

“There is no conceivable way that this is an issue of miscommunication,” --HennMr. Henn, you are correct, there is no conceivable way that this is an issue of miscommunication any more than it is not conceivable for one to conclude that KU went overboard in trying to "protect its trademark." The evidence is 75 percent of the claims being decided in favor of the defense.Based on my look through the shirts, I suppose my login name, place on a shirt, would violate trademark.

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guzzy393939 5 years, 4 months ago

This has to be about the dumbest, most ridiculous lawsuit in the history of Lawrence, Kansas. I have personally seen other tee-shirt shops selling KU merchandise as mentioned in the LjWorld article about Mr. Sinks and his fiasco a few weeks ago. Do all of them pay royalties to the University? I highly doubt it and I am sure a lot of their sales are under the radar. So I guess KU better higher a private investigator and go waste more money of theirs and that no one has these days to find these stores and prosecute them as well. Maybe we can have a public spanking too! Let the small business man do his thing and survive. After all, Mr. Sinks is advertising and promoting KU for NO cost at all to the University. Think about that one Lew! I would love it if someone did that for my business here in town.Maybe I don't know the whole story but on my end this is the dumbest lawsuit ever!!!!!!!!!!!! Mr. Sinks you Rock! Hold your head up man! Maybe you and I can partner up and do some tee-shirts for my business. I have some great ideas that can make a bunch of money and maybe we can go get degree's together from K we will sue U. If you are interested shoot me an e-mail guzzy393939@hotmail.com. Ciao!

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Confrontation 5 years, 4 months ago

Keep fighting KU! Protect what's yours. Sinks should come up with his own stuff, rather than ripping off the university.

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girly 5 years, 4 months ago

Didn't a previous article state that one of the shirts on the violations list, the Muck Fizzou, was also being sold by a KU authorized store like Jayhawk Spirit?? Where's the justice in that?

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coolmarv 5 years, 4 months ago

Maybe Joe College should have a design it yourself tshirt. The word Kansas here, the word University there, the letter K and the letter U maybe. The customer would put on the shirt what they wanted. Maybe with some suggestions from Joe College but JC is just selling the shirt and random words or letters. Would JC be doing anything wrong, then?

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Bruce Bertsch 5 years, 4 months ago

Just a word of caution for you going off on Lew and KU Athletics Inc. The revenues from licensing go to STUDENT SCHOLARSHIPS. Sinks is in essence stealing from the students when he sells trademarked merchandise that is not licensed. BTW, UK did the same thing with Kentucky years ago. It is only trademarked in specific fonts.

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em1 5 years, 4 months ago

Why don't we take some of these legal fees the university is so eagar to shell out and work on shoring up the multi-million dollar deficit the school will be running next year? I'm glad to see this school, and specifically the athletics department has their priorities in order.

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not_so_greek 5 years, 4 months ago

You just can't buy good PR like this.

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softtalker 5 years, 4 months ago

Really? Again, let this go. I totally agree with xbusguy, college students seem to like the shirts or they wouldn't be overflowing the stands at games. This argument is getting way old

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hawkperchedatriverfront 5 years, 4 months ago

Maybe it is time to boycott the purchase of the shirts that KU wants to sell. They are all overpriced anyway.What if individuals printed their own shirts? Would Perkins and KU lawyers try to sue thousands of fans? Really now, KU should have better things to do, like find a replacement for Hemenway, although it is beginning to look like Sebelius. Her staff is already departing for Mt. Oread.

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Strontius 5 years, 4 months ago

I'm sure everyone is just crying for the poor KU Athletics department.

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Curtis Lange 5 years, 4 months ago

Give it up, KU. This is making the university look even more stupid everytime this comes up... You sell your shirts, he'll sell his. Leave it up to the consumer to choose.

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Chris Ogle 5 years, 4 months ago

If you can find a better car... buy it. If you can find a better T-shirt... buy it. The loser weeps...... so what !!

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calvin 5 years, 4 months ago

I wish Lew would do the same thing that Carl Peterson did, that would be great to get that pompus creepy a$$ out of here.The world Kanas is not a trademark. I guess perhaps the state of KS should be paying KU to use the word Kansas.

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d_prowess 5 years, 4 months ago

And you can't say Sinks is supporting our law students either since his attorney is from Oklahoma!Can someone chime in on how effective the legal argument that Sinks attorney is making by saying he didn't tell his client the correct ruling? That seems like it just sucks to be Sinks in that case.Also, how can the profit amount differ by almost $100,000? I don't know, but from some of what has been reported here and in the Kansan, I don't really think this Sinks guy is much of a stand-up member of the community either.

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makeshift 5 years, 4 months ago

maybe they went out of state because no KU law grad would want to prosecute joe-college

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nbnozzy 5 years, 4 months ago

If KU was as clever to market t-shirts that the students wanted, as Larry has, then this wouldn't be a problem. Build a better product KU athletics..............

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caseygolf 5 years, 4 months ago

somebodynew -To make it worse, the prosecutor from Atlanta representing KU is a North Carolina-Chapel Hill graduate. Nice work big Lew!

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consumer1 5 years, 4 months ago

Rock Chaulk Money Hawk,Screw KU!!

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somebodynew 5 years, 4 months ago

Well, nobody1793, seeing as they hired a law firm from (I think) ATLANTA, that doesn't even do any lawyers here any favors. Granted some of the firm may have graduated from here, but please - you have a law school and you go to Atlanta to hire folks (at quite a nice price by the way).

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mightyquin 5 years, 4 months ago

They were not able to totally destroy Larry with the first round of litigation so they figure they will just wear him down with an endless stream of lawsuits till he cries uncle!

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kujayhawk 5 years, 4 months ago

I wish Lew would just leave the midwest.

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OonlyBonly 5 years, 4 months ago

Ah com'on Hemminway and Perkins!Enough is enough. We all know you're greedy fools so do you really have to constantly demonstrate to us how bad you really are?

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nobody1793 5 years, 4 months ago

Oh brother. This case should provide jobs for KU Law graduates for years to come. Now that's stimulus!

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edjayhawk 5 years, 4 months ago

Here we go again. The only reason Perkins is continuing this is because Sinks told the truth to the UDK and it hurt Lew's little, fragile ego. I still don't understand how you can trademark a state name. KANSAS doesn't necessarily mean K.U.

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