TOPEKA — A federal jury in Kansas University's trademark lawsuit against Joe-College.com failed to reach a verdict Thursday but will continue deliberating Monday.
The eight-member jury will not meet Friday because of a previous commitment by one of the jurors.
KU and its trademark enforcement arm Kansas Athletics Inc. has sued Larry Sinks, owner of Joe-College.com, 734 Mass., and T-shirt printer Clark Orth.
KU claims Sinks' merchandise infringes on KU's registered trademarks and tarnishes the school's reputation because some of them have messages such as "Muck Fizzou."
Sinks said he goes to great lengths to inform customers that his T-shirts are not sponsored by KU, and that they are intended to reach a niche market.
KU has asked the jury to order Sinks to pay KU $509,000 - $476,000 in profits from the T-shirts and $33,000 in royalties - and to assess an unspecified amount in punitive damages against Sinks and Orth.
The jury must wade through lengthy court instructions concerning trademark litigation and consider more than 200 T-shirts that KU has disputed. The jury started its deliberations late Wednesday after a seven-day trial.
KU's associate athletics director Jim Marchiony attributed no meaning to the jury working all day without reaching a verdict.
"I think the only thing it says is they're reviewing the evidence thoroughly and they want to make a good decision," he said.
Jim Tilly, the attorney representing Sinks, agreed.
"Everybody anticipated it would take them awhile because of the 200 T-shirts and more than 60 pages of jury instructions," Tilly said.
"It shows they are being deliberate and taking the time to look at the evidence and consider the instructions," he said.