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LegalHawk22

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Don’t be deterred, kids

Well, one mystery is solved. I have always wondered why the Journal World always gave Larry Sinks a pass. In fact, this paper was the only major newspaper in the state that didn’t discuss Larry’s terribly offensive shirt about Frank Martin mowing lawns. So, now we find out Larry’s dad worked for the paper. Finally an explanation…
I always thought it was a good idea for reporters to understand the facts before they wrote an article. Chuck Woodling consistently violates this adage. Today’s column was no exception.
If Mr. Woodling had bothered to read the settlement agreement as outlined in his own newspaper he would have seen that there was no language requiring Mr. Sinks to shut down either his store on Massachusetts St. or his Joe-College website. In fact, as was pointed out in court documents, over half his business consisted of “funny” shirts, shirts that did not utilize KU marks. Nothing precludes Mr. Sinks from producing shirts other than those outlined in the settlement.
Mr. Woodling has another glaring error in his editorial--Mr. Sinks did in fact produce and sell shirts that utilized the direct marks licensed and registered by KU. The judge directed him to cease the usage and he still continued, requiring KU to ask the court for assistance and damages for his breach of the judge’s order. Mr. Sinks had been given many opportunities before the lawsuit was filed to cease and desist utilizing KU marks and their derivatives (yes Mr. Woodling, derivative marks are also protected) and to stop using player names, something that could affect their NCAA eligibility. Read the court records. I could go on and on but you should get the point. Even a fifth-grader should get it; unfortunately, Mr. Woodling just doesn’t.
So, Mr. Woodling, maybe you aren’t prejudiced, but you certainly are biased.

April 15, 2010 at 2:16 p.m. ( | suggest removal )