Archive for Monday, July 14, 2008
Jury finds for KU in Joe-College lawsuit
Ian Legler, an employee at the Joe-College.com store in the 700 block of Massachusetts, works on phone orders last week as the store battled Kansas University's claim of copyright infringement. As he filled orders, he had to tell customers not all orders could be filled pending the verdict. On Monday, the jury gave KU a partial victory, but attorneys for Joe-College.com said the verdict would allow the store to remain open.
July 14, 2008, 4:38 p.m. Updated July 14, 2008, 6:35 p.m.
Advertisement
JoeCollege.com ordered to pay but will stay open
The verdict is in, and a Lawrence t-shirt shop battling KU over trademark infringements will be allowed to stay open. Enlarge video
Marchiony discusses Joe-College.com verdict
Associated athletic director Jim Marchiony discusses jury verdict in KU trademark infringement case against Joe-College.com.
Topeka “Muck Fizzou” lives but “Our Coach Can Eat Your Coach” is T-shirt history.
That was part of the outcome Monday from a federal jury in the lawsuit filed by Kansas University over T-shirts sold by Joe-College.com, 734 Mass.
The jury found that Joe-College owner Larry Sinks infringed on KU’s trademark. It ordered payment to KU of $127,337 in profits and royalties from the store.
U.S. District Court Judge Julie Robinson also ordered the store to stop selling about 50 types of T-shirts that the jury found infringed on KU’s trademark.
But both sides claimed victory.
Everybody wins
Sinks’ attorney, Jim Tilly, noted the decision was far less than what KU wanted.
KU had raised allegations against 206 of Sinks’ T-shirts, and wanted between $509,000 and $476,000 in Sinks’ profits and $33,000 in royalties, plus punitive damages.
KU said many of Sinks’ shirts were so much like official KU merchandise that the public was confused about whether they were sanctioned by the school.
But Tilly said, “The jury was able to discriminate that the vast majority of these (T-shirts) were not associated with the university.”
Tilly said about 75 percent of the shirts that KU questioned were not in violation of any trademark. Sinks will stay in business, he said.
KU, however, also said it was pleased with the jury’s work.
“They came to the conclusion that we did, that the defendants were willfully infringing on our marks,” said Jim Marchiony, associate athletic director at KU.
Asked about the fact that the jury award was far less than what KU sought, Marchiony said the important part of the case was the finding that Sinks had infringed on KU’s trademarks.
Athletic Director Lew Perkins said he was pleased the judge ruled to prohibit further sale of the shirts deemed infringing upon KU trademarks.
“We will continue to fight to protect our trademarks, because it is important to the university, our students and the hundreds of licensees and retail partners who respect our trademarks,” Perkins said in a statement.
Tilly said Sinks may seek to have the damages reduced, but that decision had not been made.
Complex verdict
Both sides said they were confused about why the jury picked some shirts as infringing while allowing others to continue to be sold. In fact, some of the shirts that had the word Kansas on them were stricken by the jury, while others were not.
It was a complex case that centered on whether the public could be confused about whether Sinks’ products looked like official KU merchandise when he didn’t have a license to sell official product. Testimony also covered numerous trademarks that KU held, such as the words Kansas and Jayhawk, and phrases, such as Rock Chalk Jayhawk, and whether Sinks was allowed to use the school colors.
After a seven-day trial, the eight-person jury received court instructions from Robinson that took more than an hour to read. Robinson said the jury verdict form contained 800 questions. The jury deliberated for two days.
Jury members declined to speak to the media after leaving the courthouse.
Some shirts must go
Some shirts that were seen as offensive were tossed by the jury while others weren’t. “Our Coach Beat Anorexia” was allowed, but “Our Coach Can Eat Your Coach” was determined to be infringing.
And the jury allowed “Muck Fizzou,” which KU claimed tarnished its image.
Marchiony said he was disappointed the jury didn’t weigh in favor of KU on that one.
“Obviously we would rather that shirt not be in the marketplace, I’m not going to pretend otherwise,” he said. “I guess there will always be a market for tasteless shirts.”
During the trial, Sinks testified that he did everything possible to tell customers that his shirts were not sponsored, affiliated or licensed by KU. He has more than 200 signs in his store that inform buyers of that.
But Charlie Henn, an attorney representing KU, said Sinks’ admission of having numerous disclaimer signs posted in his store indicated he is infringing on KU’s trademarks.
“Why would he need 200 signs in his store if this weren’t a problem?” he asked.
‘It’s all in fun’
After the verdict, Joe-College customers and passersby said they were disappointed KU was awarded money and that some of the shirts will be taken off the market.
“It’s all in fun,” said Joe Nasternak, 21, a KU senior, who was perusing shirts at the store. He said he has several shirts created by Joe-College.com. “I don’t like K-State and I don’t like Missouri, so what’s a T-shirt going to hurt, you know?”
Another KU student agreed.
“None of them really have the Jayhawk logo on there. They have signs all over the store saying this is not officially licensed,” said Kent Brown, 22, a KU senior, who was with Nasternak. “It seems like they’re doing their part. I don’t know what else the university wants from them.”
Erin Adams, a manager at Joe-College.com, said she didn’t know the details of the verdict, but “I feel like we won because I get to keep my job. I’m just happy we’re still here.”
Staff writer Alexander Parker contributed information to this story.


14 July 2008 at 4:42 p.m.
Suggest removal
Permalink
KU_Dude (Anonymous) says…
Luck Few
14 July 2008 at 4:43 p.m.
Suggest removal
Permalink
geniusmannumber1 (Anonymous) says…
Oh, this is so not over.
14 July 2008 at 4:44 p.m.
Suggest removal
Permalink
smartmomma (Anonymous) says…
I'm pretty sure he should take this to the higher courts…CRAP
14 July 2008 at 4:46 p.m.
Suggest removal
Permalink
Dani (Anonymous) says…
Actually Tilly is right, they are lucky that only 50 of the shirts were found to be infringing. I suspect KU will appeal before Sinks will.
14 July 2008 at 4:51 p.m.
Suggest removal
Permalink
just_another_bozo_on_this_bus (Anonymous) says…
I predict it's over. Some of the t-shirts appeared to cross the line to me, but KU was clearly overreaching in trying to make an example of this guy.
KU made their statement, and it'll be heard by anyone thinking of infringing their trademarks. Sinks stays in business, so KU won't be the big bad ogre who ran the little guy out of business.
KU won't press any further because it hasn't been a good PR move for them, and pursuing it any further could be really damaging to them.
14 July 2008 at 4:52 p.m.
Suggest removal
Permalink
Phogfan86 (Anonymous) says…
I love it. Anytime someone doesn't have a leg to stand on for infringing on copyrights or intellectual property, they try to wave the flag and cry, “1st Amendment!” Everyone knows he was simply trying to undermine the University. Don't be so disingenuous about it, Larry.
14 July 2008 at 4:56 p.m.
Suggest removal
Permalink
institches (Anonymous) says…
Hmmm, I guess I better watch out if I wear a blue T shirt. Is this really a win-win? Me thinks it is a lose-lose; Bad PR for KU- Bad wallet busting for Sinks.
At least SInks isn't sunk.
14 July 2008 at 4:57 p.m.
Suggest removal
Permalink
xbusguy (Anonymous) says…
My guess is the lawyers made out best on this one.
14 July 2008 at 4:59 p.m.
Suggest removal
Permalink
dweezil222 (Anonymous) says…
Okay, so this ruling is probably as good as it gets, for both sides. I want to know, specifically, which shirts infringed and which didn't, before I'll draw too harsh a judgment. Somehow, I doubt “Muck Fizzou” was one of the fifty.
14 July 2008 at 5:01 p.m.
Suggest removal
Permalink
kuhusker (Anonymous) says…
I suspect if it is blue and has the word Kansas on it, then it infringed, but the non-blue ones did not. I guess go to the store in a week and see which shirts are missing!
14 July 2008 at 5:04 p.m.
Suggest removal
Permalink
KU_cynic (Anonymous) says…
It's hardly a victory for KU Athletics. After figuring in attorney fees KU is in the red on this fight.
Perhaps the precedent and its potential chilling effect on other alleged “infringers” is worth it to Big Lew and his gang.
14 July 2008 at 5:08 p.m.
Suggest removal
Permalink
1Patriot (Anonymous) says…
“Phogfan86”?
Sounds to me that the “Phog” part of that is in reference to the University right there! You never know……you might be the next one sitting across from the table from KU!
14 July 2008 at 5:08 p.m.
Permalink
logicsound04 (Anonymous) says…
This comment was removed by the site staff for violation of the usage agreement.
14 July 2008 at 5:08 p.m.
Suggest removal
Permalink
average (Anonymous) says…
My suspicion is that it's just the ones that said “Hawk Basketball” or “Hawk Football” that went over the line.
14 July 2008 at 5:12 p.m.
Suggest removal
Permalink
logicsound04 (Anonymous) says…
Hope this was worth it FU….er, sorry, KU.
My most recent purchase of officially licensed KU gear is now my last. I have no desire give my money to an athletic department that has nothing better to do with it's time than sue over the word “Kansas” and the color blue.
I have a feeling I'm not the only one who feels that way.
14 July 2008 at 5:15 p.m.
Suggest removal
Permalink
chet_larock (Anonymous) says…
” I have no desire give my money to an athletic department that has nothing better to do with it's time” .. or money. Lots and lots and LOTS of money.
14 July 2008 at 5:21 p.m.
Suggest removal
Permalink
bniccole (Anonymous) says…
I agree with KU_Dude! I am mad that the jury found in KU's favor but glad at the amount Larry was ordered to pay.
14 July 2008 at 5:26 p.m.
Suggest removal
Permalink
punkrockmom (Anonymous) says…
All it makes me want to do is go buy shirts at joe college.
14 July 2008 at 5:27 p.m.
Suggest removal
Permalink
wysiwyg69 (Anonymous) says…
get some good slogans ready to print for the sidewalk sale and you can probably pay ku off in one day. do not let ku get off without making ku pay for it in the end
14 July 2008 at 5:28 p.m.
Suggest removal
Permalink
dweezil222 (Anonymous) says…
punkrockmom (Anonymous) says…
All it makes me want to do is go buy shirts at joe college.
========================
Yeah, given the publicity after this trial, Larry's increased business ought to help pay the verdict.
14 July 2008 at 5:32 p.m.
Suggest removal
Permalink
merrill (Anonymous) says…
Are Jayhawk Apartments colors infringing on KU rights? How about local private housing colors and/or trim? The party bus?
Perhaps KU ought to provide all who purchase their overpriced merchandise free basketball and football passes?
14 July 2008 at 5:34 p.m.
Suggest removal
Permalink
BIGBEAR (Anonymous) says…
KU_cynic (Anonymous) says…
“It's hardly a victory for KU Athletics. After figuring in attorney fees KU is in the red on this fight”
Pretty sure the state of Kansas paid for this. it is a State school… our tax money paid for every bit of the KU side
14 July 2008 at 5:35 p.m.
Suggest removal
Permalink
chapdaddy (Anonymous) says…
Yep, I bought 2 shirts over the weekend. Great pub for Larry and Joe College.
This ain't over…….
14 July 2008 at 5:38 p.m.
Suggest removal
Permalink
dewopa (Anonymous) says…
Nice way to squish the little guy and discourage University support. Instead of spending attorney dollars on this case, maybe they should try to save money so they can stop increasing enrollment fees.
14 July 2008 at 5:43 p.m.
Permalink
pimp11 (Anonymous) says…
This comment was removed by the site staff for violation of the usage agreement.
14 July 2008 at 5:44 p.m.
Suggest removal
Permalink
BIGBEAR (Anonymous) says…
They should make a shirt that says my college will sue you
14 July 2008 at 5:48 p.m.
Suggest removal
Permalink
pimp11 (Anonymous) says…
Sorry, but I all ready have rights to “my college will sue you”
I will sue again if i see it on a shirt.
Lew Purrrkinns
14 July 2008 at 6:04 p.m.
Suggest removal
Permalink
yellowhouse (Anonymous) says…
Boy that is unbelievable! I wonder if I could go around sueing people with Yellow Houses?
14 July 2008 at 6:07 p.m.
Suggest removal
Permalink
chapdaddy (Anonymous) says…
Luck Few.
A $10 jack on KU BB tickets is just the first to come from all this.
Be prepared for the $10 per person game of bowling at the JayBowl.
14 July 2008 at 6:09 p.m.
Suggest removal
Permalink
beobachter (Anonymous) says…
yh, no-one gives a damn about you.
next. I will never again purchase an item that says KU licensed. I just did buy a dozen, never again.
14 July 2008 at 6:11 p.m.
Suggest removal
Permalink
George_Braziller (Anonymous) says…
Damn. I was hoping that the University bully would finally get its butt whooped. I'm a KU grad but the University has just been ugly(ier) and nasty(ier) to the Lawrence community over the last ten years or so. Just reinforces my resolve to NEVER give a dime to KU.
14 July 2008 at 6:24 p.m.
Permalink
pimp11 (Anonymous) says…
This comment was removed by the site staff for violation of the usage agreement.
14 July 2008 at 6:25 p.m.
Suggest removal
Permalink
mom_of_three (Anonymous) says…
Has anyone read the papers from Wichita or Kansas City for their two cents? A lot of people thought Joe College was in the wrong, and I agree with them. I think the jury made the right decision, but wonder why they only thought some of the shirts crossed the line at infringement. I am interested to see which shirts crossed the line, but I have never shopped in Joe college and never intend to. Don't care if he is the little guy, but I find some of his shirts offensive. Plus, he hangs around with Whitlock, and that doesn't necessarily raise his stock.
Perhaps if he put the slogan “not ku license merchandise” on every shirt, KU wouldn't have had a problem.
14 July 2008 at 6:28 p.m.
Suggest removal
Permalink
pimp11 (Anonymous) says…
It would still say/have “ku” printed on it. So, I would be suing you right now for even mentioning that.
Thats the whole point. Nice try with “not a ku licensed merchandise”
Lew Puuurrrrkkkkkinnnz
14 July 2008 at 6:36 p.m.
Suggest removal
Permalink
spenmar (Anonymous) says…
15 Minute Parade
Trying to get the city to pay for lost revenue at holidome for cancelled dinner
Trying to stop the parade
Suing a T-Shirt Guy
Selling Artifacts out of Allen Field House online auction
Not having a parade for football team (greatest season ever)
What a year Lew Perkins has had! And he gets to fly around on a private jet on your dime!!
Larry Sinks needs to higher a better law firm…….did you ever hear of PARODY……all major lawsuits from Record Companies against artists who did parodies of songs or artists….all lost…….Larry Sinks brought a cap gun and Lew Perkins brought a machine gun to the fight…..Hey Larry….get a high powered law firm and win this!!!!
Its about a PARODY.
joe college are the funniest shirts to ever hit larryville….now selfville!
14 July 2008 at 6:45 p.m.
Suggest removal
Permalink
autie (Anonymous) says…
I tell you, they will go after white owl next..
So i can go make my own t shirt with any smart aleck remark I want..can they sue me if I don't sell it? This really sucks. The prices at games suck. The TV coverage sucks. ESPN sucks. ESPNU really sucks. I still have a radio and can listen to every game free. The radio waves are still free, aren't they?
14 July 2008 at 6:47 p.m.
Suggest removal
Permalink
KUHOOPS (Anonymous) says…
I gotta say…”Luck Few” is brilliant! Nice one, KU_Dude!
14 July 2008 at 6:50 p.m.
Suggest removal
Permalink
pimp11 (Anonymous) says…
You didnt hear……. all games will be sold next year to their respected radio broadcasting networks. Will have to go online and purchase the package to listen to your favorite games.
I think that was announced after the Championship game. You could find it on this link.
www.bs-radiohype.org/kansasjayhawkz
14 July 2008 at 7:05 p.m.
Suggest removal
Permalink
BigAl (Anonymous) says…
Blah, blah, blah…. the man was breaking the law. Period. Even if you fine folks don't like it, there are infringement laws in this country. Do you honestly think that Sinks wasn't cashing in on the university?
I admit, KU has definitely had a pr problem of late but finding Sinks guilty was the right verdict. I agree that if Sinks didn't think he was doing anything wrong, he wouldn't have posted the sign a gazillion times.
14 July 2008 at 7:08 p.m.
Suggest removal
Permalink
Curtis Lange (Curtis Lange) says…
Guess I better head over there tomorrow to see if they still have some of the 'offending' shirts for sale. All the jury did was make those 50 shirts instant classics. Sometimes, I'm almost ashamed to be affiliated with this university.
14 July 2008 at 7:18 p.m.
Suggest removal
Permalink
dweezil222 (Anonymous) says…
I just think this verdict has the potential for abuse of free speech, if it isn't itself such an attack. What happens when KU's facilities people, sick of the crappy wages, go on strike demanding a raise? Are they going to be sued for their “Screw KU” picket signs? Are student groups going to be banned from printing T-shirts to protest something the administration royally screws up?
14 July 2008 at 7:19 p.m.
Suggest removal
Permalink
nbnozzy (Anonymous) says…
I'll be sure to stop by Larry's store during the side walk sale and buy a couple of shirts to help support his business. Hope everyone else does too.
14 July 2008 at 7:24 p.m.
Suggest removal
Permalink
greywolf85203 (Anonymous) says…
I feel that KU should have left it alone. They just want money is all. So if he isn't allowed to use school colors, then if I were to wear a blue shirt or red shirt am I infringing on KU because I'm wearing their colors without permission. Come on here sounds like to me that they are just after the money.
I have personally purchased a few shirts from that store. I do because they are original. And as long as he doesn't use a jayhawk was is the harm? I mean if KU has the copy write on the word “kansas” ummm doesn't that mean that every legal paper in the state that has “kansas” on it owes KU money? If history is correct the state was named well before the university was founded!
14 July 2008 at 7:40 p.m.
Suggest removal
Permalink
FFAF (Anonymous) says…
I'd love to see a list of what shirts got the ax and what ones survived. What are the odds “Missouri: 6 million people, 5 last names” made it??
14 July 2008 at 8:20 p.m.
Suggest removal
Permalink
Franker (Anonymous) says…
Muck Farchiony, how does KU own the color blue and the word Kansas??
14 July 2008 at 8:32 p.m.
Suggest removal
Permalink
overthemoon (Anonymous) says…
gees
why not just print 'official ku licensed paraphanalia' on all 'real' ku merchandise?
I am with the commenter on last night's thread that asked 'why does my university have 'branding' issues? What is with this obsession with 'branding' these days?? Seems a university ought to sell itself on excellence in education and credibility for students in the marketplace after graduation…not overpriced tshirts and shortshorts. With an inferiority complex a mile wide, KU consistently forgets to focus on the fact that its a quite decent school in a great town for a bargain price. Branding done. The athletics help, but they ain't the whole story.
When I was at KU as an undergrad, the Watkins Berger/Summerfield scholarships were a full tuition deal. My child got one, and it was only half tuition…for one of the top 100 students in KS (who didn't go someplace else). The endowment is huge, and the branding is protected, but there is no money for the top students??? But they are fighting with big money over t-shirts.
The inferiority complex seems to be a self-fulfilling nightmare.
BTW, the only t-shirt my student bought last year was from JoeCollege…in honor of Sasha Kaun, it read “gotta love a tall White Russian” I like it!! I offered to by a 'real' NCAA Champ shirt, and was told 'no way, they're too expensive'.
14 July 2008 at 8:36 p.m.
Suggest removal
Permalink
pimp11 (Anonymous) says…
Property of KU works for me on all shirts
14 July 2008 at 8:49 p.m.
Permalink
yellowhouse (Anonymous) says…
This comment was removed by the site staff for violation of the usage agreement.
14 July 2008 at 8:52 p.m.
Suggest removal
Permalink
thebigspoon (Anonymous) says…
kuhoops,
luck few is a t-shirt sold by Larry.
ku dude did not make that up.
14 July 2008 at 8:56 p.m.
Suggest removal
Permalink
penguin (Anonymous) says…
Ok wow the people asking random questions about branding is not getting annoying.
I especially like the comment about Jaybowl prices going up that are controlled largely by the Memorial Corp. Also the branding issues for student groups, which actually they do exist. I know from past experience working with the trademark people that they are more hesitant to let you use the Jayhawk for student elections use. However, it has been a few years for me.
Really, the prices are not all that different. I guess most of the shirts I purchased this last year have been about $20 and they are all officially licensed. The Joe College shirts are $15…usually. However, I also know that some of my money goes to KU Athletics and KU Endowment. The Joe College profits go to the owner. I would rather see KU profit than some random guy printing off shirts.
Also to those who do not see the copyright issues have truly not traveled outside of Lawrence. I agree that the store is well marked, but those outside of Lawrence often do not see those signs. When a person in Hays or Garden City or Winfield or Beloit…etc…sees those shirts they have no idea that they are not officially licensed. So one might think that the “She's Fat, I'm Drunk, It's On” shirt is somehow approved by KU.
I am personally surprised that their are not issues related to the use of player names. The NCAA says that the Universities can market numbers, but cannot sell names. This is why names do not appear on jerseys unless you pay to put them on there. I think this is one of the more egregious violations. This business can profit off these student athletes names and numbers. I am not too happy that the Universities can profit from their nameless jerseys, but this just takes it an extra step when you directly use their names. This seems like it could be a future area of contention, and that this business profits from the players inability to have any recourse because of the nature of the NCAA.
14 July 2008 at 9:03 p.m.
Suggest removal
Permalink
Marlboro_Man2 (Anonymous) says…
hi
14 July 2008 at 9:12 p.m.
Suggest removal
Permalink
1Patriot (Anonymous) says…
Joe college went about it all wrong. He should have hung a #2 pencil on every hanger with a sign that read, “Buy a pencil for $10.00 get a shirt for free!” After all KU only went after him becuase he was making money on the shirts, if your giving the stuff away they can't bitch!
14 July 2008 at 9:14 p.m.
Permalink
Marlboro_Man2 (Anonymous) says…
This comment was removed by the site staff for violation of the usage agreement.
14 July 2008 at 9:22 p.m.
Suggest removal
Permalink
notajayhawk (Anonymous) says…
1Patriot (Anonymous) says…
“Sounds to me that the “Phog” part of that is in reference to the University right there!”
It seems “The Phog” is a registered trademark of KU. The word “Phog” by itself, however, may not be - the 23rd St. Brewery owns the rights to “Crimson Phog.”
Incidentally, in response to some of the posts above:
A word isn't 'copyrighted,' it can be registered as a trade- or service mark. The University of Kansas does, indeed, have the word “Kansas” registered as both. Strangely enough, neither “Kansas University” or “The University of Kansas” appear to be registered. (“Universitatis Kansiensis,” which appears on the seal, was previously registered but expired and was cancelled in January.)
The Kansas Dept. of Economic Development also has the word “Kansas” registered. So does the band 'Kansas.' And there are a couple of hundred various entities that have the word “Kansas” in combination, everything from the Kansas City Star to Kansas Propane to Radio Kansas to Lenexa Kansas, and yes, both Kansas State University and The University of Western Kansas.
The reason several entities can own the same trademark is because you can only register it for certain products. They have to be something you sell or have a “bona fide intent” to sell in the future, and only the products listed on the application are covered by your trademark. So if John Smith sells shirts and registers “John Smith” as a trademark for shirts, then I can still sell hats that say “John Smith.”
By the way, “Jayhawks” is a registered trademark of KU. Believe it or not, the singular - “Jayhawk” - is not. That one belongs to Jayhawk Manufacturing in Hutchison. There's also a company in Pennsylvania that sells a sports drink called Jayhawkade (a registered TM). There are lots of companies that have “Hawk” or “Hawks” registered for various products (and several hundred using those words as part of combinations), KU isn't one of them.
It appears KU has 19 currently live registrations, including Kansas, KU, and the letter K. Yes, the letter K. Also, Jayhawks, Kivisto Field, Allen Fieldhouse, and The Phog. Oh, and let's not forget “Uncommon Doctors.”
To further complicate all this, a trade- or service mark does not have to be registered. Registering it with the Patent Office adds much easier and stronger enforcement capability, but if you're already using a certain term on your label when you sell products, you can sue to keep others from using it. Sometimes, though, it's not just the word, or even the exact phrase, that matters; it may have to be in a certain style of lettering, certain colors, etc. (like the aforementioned letter K).
Don't you all wish you were on the jury? :)
14 July 2008 at 9:36 p.m.
Suggest removal
Permalink
ignati5 (Anonymous) says…
If, by some miracle, Obama should carry our state in November and the networks put Kansas in the blue column, will the DNC have to pay royalties to the Evil Empire? Bill
14 July 2008 at 9:42 p.m.
Suggest removal
Permalink
Green_Trees_Brown_Dirt (Anonymous) says…
KU needs to get a grip…then get back to the business of being a university. Problem is, many on the hill haven't a clue as to what that means. Some few of the faculty know, but much of the admin staff and 3-figure sharks and spinners haven't a clue. The captain can't read the stars, you know? Shirts should be the absolute least of a universities' concerns. Anyone ever heard of books? Maybe Lew and the gang should take a walk through the Watson stacks and come to by the scent of pages and pages of information that took untold years of effort to compile. Unfortunately, it seems this bout is a KO.
14 July 2008 at 9:47 p.m.
Permalink
Crossfire (Anonymous) says…
This comment was removed by the site staff for violation of the usage agreement.
14 July 2008 at 9:49 p.m.
Suggest removal
Permalink
notajayhawk (Anonymous) says…
By the way, if you would like to see who has what registered as a trade mark or service mark, you can find that information here:
http://www.uspto.gov/main/trademarks.htm…
Just click on “Search” at the top of the right-hand column.
(I'm thinking of registering the word “Search” - oops, too late.)
14 July 2008 at 9:51 p.m.
Suggest removal
Permalink
devilsrighthandman (Anonymous) says…
I am disappointed in my alma matter. A lawsuit over the color blue?! It also sounds like this may be a personal taste debate. If someone wants to put something on a shirt that offends you or your corporation and you take it personal and sue…..then you do not understand the concepts that this country was founded on. I saw a bumber sticker yesterday that was completely tastless, but I did not follow them home and deliver lawsuit papers to them. If Larry used the logo, or the actual university name then fine, slap him with a bill for some money, but Our coach ate your coach?!! Have you seen the man? He is a big boy….and his sandwich at Quintons is a heart attack. By the way, did they pay for the rights to use his name?
14 July 2008 at 9:56 p.m.
Suggest removal
Permalink
big_blue (Anonymous) says…
dear ljworld,
10th paragraph…
“Tilly said that approximately 75 perent of the shirts that KU questioned were not in violation of any trademark. Sinks will stay in business, he said.”
it's called spell check…if you need help using it, i'll send over my 7 year old nephew.
14 July 2008 at 9:58 p.m.
Suggest removal
Permalink
Fishman (Anonymous) says…
Correct me if I'm wrong, but I believe that KU gets an 8% royalty fee when an item using a KU logo etc is sold at the wholesale price. For instance a shirt that retailed for $20.00 would be $10.00 wholesale. KU would get 80 cents. It might be different for different goods, I can't honestly remember. Someone that knows want to chime in on this.
14 July 2008 at 10 p.m.
Suggest removal
Permalink
LadyJ (Anonymous) says…
Joe College should make a shirt that says “I'm helping Larry Sinks pay KU” and sell that. Then the buyers could wear them to the game. Makes me wonder about those t-shirts that say “my parents went to Kansas and all I got was this lousy shirt”. What about the ones that say “we're not in Kansas anymore Toto”? Now that one's a powder keg.
14 July 2008 at 10:01 p.m.
Suggest removal
Permalink
roshi12 (Anonymous) says…
Muck Farchiony too! Why don't you KU brass types spend less time suing, or threatening to sue people, and more time double-checking student athlete transcripts?
14 July 2008 at 10:03 p.m.
Suggest removal
Permalink
TheOriginalCA (Anonymous) says…
I grew up a Jayhawk when middle class people could afford to be Jayhawks but I will NEVER step foot on that campus again and not one cent of mine will go to that corporation. The KU Alumni Band that I have played in so many years in a row now can kiss my @$$ because I won't be back. Lew has sold out in just about every way possible but I am sure that he will find something else to sell out on.
14 July 2008 at 10:10 p.m.
Suggest removal
Permalink
Gina Bailey-Carbaugh (Gina Bailey-Carbaugh) says…
Justice is served. Its a fair verdict.
So now you cry-babies can get worked up about something else.
14 July 2008 at 10:16 p.m.
Suggest removal
Permalink
roshi12 (Anonymous) says…
What does it cost to register a trademark? How long does it take? Joe College should just go ahead and register a few things - like two names for starters Jim Marchiony and Lew Perkins. Then he can legally print shirts that say things like “Lew Perkins - Eat $*%#!” and they can't do a thing.
14 July 2008 at 10:16 p.m.
Suggest removal
Permalink
logicsound04 (Anonymous) says…
Not a single Joe College t-shirt has any of the following:
KU
University of Kansas
Kansas University
Jayhawks
Crimson and Blue
A jayhawk logo
the KU logo
the colors red and blue
The crux of this argument is that KU owns control of any piece of merchandise that uses the word “Kansas” and the color blue in tandem. That is FAR too broad for copyright protection.
Again, I hope KU is happy with the $100 grand they bled out of Joe College. The sales of their merchandise will not increase from people who cannot buy Joe College's shirts anymore, and I'd be willing to bet that more than a few people won't have anything to do with KU's licensed pieces of