Wednesday, October 3, 2007

Joe-College, KU battle moving to court

By Jonathan Kealing

Advertisement

Joe-College.com

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 But recently, according to federal court filings, those counterclaims were withdrawn by Sinks.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.

Comments

dbegert (anonymous) says...

Does he use the Trajan Font (tm) on his shirts? If so, not only should he lose his business, he should be tarred and feathered and forced to march down Mass St. while being stoned by onlookers.

October 3, 2007 at 8:07 a.m. ( | suggest removal )

Nutflush21 (anonymous) says...

No he does not use Trajan Font (By the way KU stole that anyway). Lew needs to back off. Joe College shirts are hilarious and never use the words "University of Kansas, KU or Jayhawks."

October 3, 2007 at 9:40 a.m. ( | suggest removal )

McGuzzo23 (anonymous) says...

Just let the guy run his business. Some of his shirts are the better ones you see around Lawrence. The University gets plenty of sales. There has got to be some way to get around this to let the guy still stay in business. I agree though if he uses that hideous Trajan Font he should definitely be tarred and feathered while being stoned. Where did the good times go.

October 3, 2007 at 10:02 a.m. ( | suggest removal )

sevenyearhawk (anonymous) says...

this is such a grey area ...

He's not saying KU, but merely implying Kansas ...

any intellectual property of copyright lawyers out there?

October 3, 2007 at 11:19 a.m. ( | suggest removal )

WichitaJayhawk (anonymous) says...

Leave Joe College alone. KU is getting way to greedy over something that is GREAT for our athletics program. K-State would LOVE to have a company making shirts like that for them. That store on Mass is almost like a tourist attraction everytime I visit Lawrence. Joe College 1, KU 0 on this one.

October 3, 2007 at 2:06 p.m. ( | suggest removal )

kevbo (anonymous) says...

Atty in training...

It is a gray area. Part of owning the trademark and copyright is that you have to enforce it to prevail. Rarely is something like this actually enforced. We made hundreds of t-shirts and sold them on campus and nobody batted an eye. When a shop opens on Mass street that competes with the AD, then you get the issue. It's likely a question of fact that could really go either way...do the shirt designs substantially infringe on the work product of the university? Who knows...Interesting case, nonetheless. Not going to lie, cheering for the little guy.

October 3, 2007 at 5:20 p.m. ( | suggest removal )

KUSHELLY (anonymous) says...

How long till Perkins moves to South Carolina? I support Joe-College!

October 4, 2007 at 8:58 a.m. ( | suggest removal )