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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.
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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.
JoeCollege.com lawsuit
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.
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Comments
Shazam (anonymous) says...
Did they offer any sort of criteria for what constituted infringement? How is someone supposed to know when they've crossed the line?
July 14, 2008 at 4:44 p.m. ( permalink | suggest removal )
mvjayhawk (anonymous) says...
as long as the "fizzou" t-shirts can stay....then we're ok.
July 14, 2008 at 4:48 p.m. ( permalink | suggest removal )
killabees (anonymous) says...
What a joke. My respect for KU just dropped.
July 14, 2008 at 4:54 p.m. ( permalink | suggest removal )
kansaspike (anonymous) says...
I knew I should have loaded up on those shirts a couple of weeks ago. Something tells me the "good" (aka borderline) Mizzou shirts are going away.
July 14, 2008 at 5:03 p.m. ( permalink | suggest removal )
sevenyearhawk (anonymous) says...
I see a bunch of the questionable shirts "mysteriously" appearing on eBay ...
The Solomon Approach was about the best to hope for, KU got some money, he has to stop selling some shirts that he probably shouldn't have been, anyway (anything with players names or nicknames)
But Muck Fizzou and "Missouri: 6 million people, five last names" will probably stay put ...
July 14, 2008 at 5:15 p.m. ( permalink | suggest removal )
woodhawk (anonymous) says...
I've got my Mizzou/Nebraska bashing shirts. That's all I care about...and that Joe College can stay in business.
July 14, 2008 at 6:03 p.m. ( permalink | suggest removal )
WichitaJayhawk (anonymous) says...
There is just no end to our Athletic Department's GREED, GREED, GREED!!!!! Sorry Joe, keep the faith!
July 14, 2008 at 6:26 p.m. ( permalink | suggest removal )
njjayhawk (anonymous) says...
Who cares?
July 14, 2008 at 6:53 p.m. ( permalink | suggest removal )
5DecadeHawk (anonymous) says...
The most obvious message has been completely missed.
There is a HUGE MARKET that KU is leaving untapped.
KU's officially licensed material is all pretty standard stuff. Many fans are getting bored with the same old things. They want to HAVE FUN!
Customers are thirsting for CREATIVITY!!
Customers are thirsting for HUMOR!!!
Customers are thristing for LOW COST!!!.
Joe College found a way to fill that market that KU has refused to tap.
The proper way for KU to have done battle is to offer a better product that competes in the Humor, Creative, and Low Cost market.
Whether KU likes it or not, this trend will continue, and more competition will arise until the market is satisfied.
I guess KU's Merchandisers didn't go to KU's own business school?
If KU wants Muck Fizzou to disappear, they need to come up with something to poke fun at MU that fans like better. What's so difficult to understand about that?
Get out of your suit and tie. Go out and mingle with fans at tailgates. Get out of the Luxery seats and go sit with the Students. Get away from the boring catered wine and cheese crowd and go sit in General Admission. Find out what people want... AND SATISFY THE FANS!!
Sitting in an office or crying to the lawyers is a losing proposition, even if KU won a few damages in this case, they'll continue to lose this competition because they refuse to compete!
KU has the perfect venue at football games. If they came up with an inexpensive, creative, and funny shirt that fans liked, they could have vendors walk through the stands selling them like hotcakes. If they came up with something new for every game, and had good slogans, they'd make money in droves.
Sadly, KU want's to act like a dictator state and sell the same old stuff, using the same tired techniques that fans are sick and tired of.
July 14, 2008 at 7:20 p.m. ( permalink | suggest removal )
chuckberry32 (anonymous) says...
Some thoughts:
This is a complete and total cop-out by the jury. This verdict would never stand up on an appeal from either side, however, I find it unlikely that either side will. Both get what they want; KU can claim they fought infringement and Sinks still gets to sell most of his t-shirts.
KU needs to face the fact that "muck fizzou" is free speech and they cant squash that. I hope this lawsuit encourages more fans to be more creative and design and print up some shirts of their own and I challenge them to try to funnier than crude.
July 14, 2008 at 7:53 p.m. ( permalink | suggest removal )
imnotpaulpierce (anonymous) says...
I would expect such conservative censorship from Kansas State University... but not Kansas.
This is highly disappointing. What has the world come to when the word 'Kansas' is trade marked.
Jesus. Oops... I'm sure someone has that one TM'd as well.
July 14, 2008 at 7:58 p.m. ( permalink | suggest removal )
bayareajhawk (anonymous) says...
I have to agree with the general sentiment. How can you trademark "Kansas" or the colors crimson and blue? And who really thought that any of those shirts were being sold by or on behalf of the university? I am disappointed that KU would feel the need to pursue these claims. I don't really like the muck fizzou shirts but I like this a whole lot less. It just puts a bad taste in my mouth.
July 14, 2008 at 8:14 p.m. ( permalink | suggest removal )
CMKUbLu304 (anonymous) says...
how can they have the word Kansas trademarked? its the name of our freaking state! I love KU but KU doesn't own our state...pretty sure its the other way around...
July 14, 2008 at 8:17 p.m. ( permalink | suggest removal )
sdoyel (anonymous) says...
I guess I can live with the outcome.... At least he stays in business. Heck, I have at least 4 shirts from there and I live in Dallas!
July 14, 2008 at 8:19 p.m. ( permalink | suggest removal )
trojanhawk (anonymous) says...
I don't think KU needs the money, but I can't stand Joe College. Most of the clothes they produce are lame and embarrassing. Whenever I see "Muck Fizzou" and "Win or lose, we'll still booze", I want to puke.
July 14, 2008 at 8:20 p.m. ( permalink | suggest removal )
stravinsky (anonymous) says...
Eh, I don't like their shirts anyways, so I'd be okay with it if KU sued them out of business.
July 14, 2008 at 8:37 p.m. ( permalink | suggest removal )
sevenyearhawk (anonymous) says...
Here's something worthy everyone's of consideration ...
The Year of Living Biblically:
This book answers the question: What if a modern-day American followed every single rule in the Bible as literally as possible.
Not just the famous rules the Ten Commandments and Love Thy Neighbor (though certainly those). But the hundreds of oft-ignored ones: don't wear clothes of mixed fibers. Grow your beard. Stone adulterers.
http://www.ajjacobs.com/content/home.asp
July 14, 2008 at 8:38 p.m. ( permalink | suggest removal )
stravinsky (anonymous) says...
Don't do it! No starting the literal bible debate, because then we get into the historical laws, New Testament saying hell no to some of those historical laws, and then everything gets so messy and nasty.
We're on the verge of breaking the 11th commandment: Thou Shalt Not Discuss Biblical Stuff On Internet Message Boards.
Just say no.
Quick topic change! Uh, Todd Reesing! He's the most badass dude under 5'11" since Napoleon!
July 14, 2008 at 8:46 p.m. ( permalink | suggest removal )
kumath (anonymous) says...
This is NOT about your terrible interpretation of the Old Testament, or anything else about the Bible. This is about the law. I don't care how bad of taste Joe College has, it is against the law to infringe on the copyright or trademark of another corporation without paying for the rights to do so.
I have been in that stupid store enough to realize, as any idiot could, that Joe College was making direct references to employees, copyrights, and EVEN students at KU. (" I have a crush on B. Rush" & "Nothing finer than K. Meier"). Sorry, but if KU says you can't do that without their permission, you simply can't.
Nice try 5decade, but KU has every legitimate right to market the apparel they feel best represents the University.
July 14, 2008 at 9:10 p.m. ( permalink | suggest removal )
kylecisnum1 (anonymous) says...
as long as "49 states agree... missouri sucks" stays im good. cause i still need that one. im wonderring what will happen with the removed shirts???
July 14, 2008 at 9:14 p.m. ( permalink | suggest removal )
jman18562 (anonymous) says...
What the Hell (oops, can I say that?) is djkc28 talking about? Joe-College should start making shirts about this clown.
July 14, 2008 at 9:25 p.m. ( permalink | suggest removal )
kushaw (anonymous) says...
Well, the fact that I live in North Carolina and I hate the UNC Tarheels; I just loaded up on these masterful T Shirts.
Kansas-the Birthplace of North Carolina Basketball
I agree with Roy-I don't give a Sh*t about North Carolina-Roy Williams-August 7 2003
This is my all-time favorite
U niversity of
N ational
C rybabies
-----------------
Carolina Sucks
July 14, 2008 at 9:28 p.m. ( permalink | suggest removal )
kunomu (anonymous) says...
Lets see in the last year Lawrence has lost Yellow Sub, The Crossing and now a huge part of Joe College. Great work whoever the idiots are that are running Lawrence!
July 14, 2008 at 9:49 p.m. ( permalink | suggest removal )
hawk4evr (anonymous) says...
KUMath- "If KU says you can't do it, you simply can't" I'm sorry I didn't know I had to ask KU permission to pee.
Hey Mrs. Perkins, tell Lew great job. He's just given more people a reason to hate the athletic dept. Lew and his "comrades" should be very happy.
July 14, 2008 at 10:26 p.m. ( permalink | suggest removal )
JHWKNMIZRY (anonymous) says...
The Muck Fizzou t-shirts have nothing to do with KU exclusively. EVERYBODY hates Mizzou.
July 15, 2008 at 6:53 a.m. ( permalink | suggest removal )
billhawk (anonymous) says...
KU main claim "victory" in the court room; but they have certainly lost some respect from fans and alumni that see this as just another iron fisted move by KU's domineering athletic director.
Also, you "won" $127k. How much did it cost the university to take this case to trial?
July 15, 2008 at 7:28 a.m. ( permalink | suggest removal )
Rivethead (anonymous) says...
KU is simply trying to protect its reputation. Every entity on the planet has reputation risk. I see no harm in KU trying to protect theirs.
If I'm a parent (which I am) who's taking a visit to KU with my son, a possible future student (which he will be) and I see those stupid-a$$, tasteless T-shirts (which I undoubtedly will), I'm definitely less impressed with the University and less likely to encourage my kid to attend there (and fork over the cash so he can).
It really is that simple.
July 15, 2008 at 7:34 a.m. ( permalink | suggest removal )
kc_wildfire (anonymous) says...
Unfortunately the tasteless t-shirts will still be around.
July 15, 2008 at 7:56 a.m. ( permalink | suggest removal )
JayViking (anonymous) says...
Tasteless shirts? You're concerned with tasteless shirts? There are 100 things I can think of off the top of my head that would concern me more with my choice of schools (OR LIFE IN GENERAL!!!!!) than the possibility of its student body wearing tasteless shirts.
It really is that simple.
People suck.
July 15, 2008 at 8:06 a.m. ( permalink | suggest removal )
5DecadeHawk (anonymous) says...
"Nice try 5decade, but KU has every legitimate right to market the apparel they feel best represents the University." --kumath
Exactly where did I say KU had no right to market something?
My point is that KU is doing a crappy job of marketing.
There is more to it than KU marketing apparel that presents a certain image. Fans are wanting creativity, humor, and low cost. KU isn't providing that.
When KU isn't servicing a segment of fans, somebody is going to step up and fill the void. It's simple economics.
I know for a fact that creativity and humor can still have good taste.
As long as KU refuses to offer creative and humorous apparel, somebody else will. Get used to it.
The sad thing is that it would be very easy for KU to offer a better product and compete in this market.
The key is to get close to the fans. Listen to the cheers the students are yelling at the games. Find the funny ones that are also classy. PUT THE GOOD ONES ON SHIRTS.
It's not complicated. This is supposed to be fun, remember?
When KU produces a better product than anyone else. Fans will stop buying the other products.
Does Lew Perkins not enjoy a good laugh or something?
July 15, 2008 at 8:36 a.m. ( permalink | suggest removal )
BCRavenJHawkfan (anonymous) says...
I am with those that have difficulty understanding the trademarking of "KANSAS". Is it just the word or did it have to be in a certain type style. Should one of the best bands of my time (KANSAS) worry about album covers? Should I worry that part of my posting name infringes the trademark. I would like to think there had to be explicit implication that "KANSAS" refered specifically to the school rather than could be the school or just the state in general.
Why do I have a feeling there may be other back stories to this story. I mean this doesn't seam like a case of the Joe College shirt looking like an obvious knockoff of the KU bookstore shirt, afterall I doubt Joe College shirts are Nike or Addidas. Come to think of it could this be part of it, Joe College does not have to pay Nike while licensed apparel outlets have to.
July 15, 2008 at 9:42 a.m. ( permalink | suggest removal )
bmcmich1 (anonymous) says...
Rivethead,
really???
I hope you are joking. If not, I feel very, VERY sorry for your son...
July 15, 2008 at 9:54 a.m. ( permalink | suggest removal )
BCRavenJHawkfan (anonymous) says...
Rivethead
While you and other parents are less impressed with your campus visit because of the tasteless T-Shirt, I am 90% sure your son is impressed. Trust me, if the worst thing he does is wear a tasteless T-Shirt consider yourself fortunate.
July 15, 2008 at 11:20 a.m. ( permalink | suggest removal )
KUFan90 (anonymous) says...
The real question here is when is a merchant in Colombia going to start selling "Kuck Fansas" shirts?
July 15, 2008 at 11:31 a.m. ( permalink | suggest removal )
txrockchalk (anonymous) says...
KUFan90 - I am pretty sure they already tried that shirt idea, but it failed Misery-ably due to the fact the target market couldn't understand the joke.
July 15, 2008 at 12:26 p.m. ( permalink | suggest removal )
jayhawk909603 (anonymous) says...
Quite the conundrum - the greedy school I love picking on the small guy who makes embarassing, disgusting shirts. Looks like they both won & lost some - as it probably should be. I want to buy all the "win or lose, we'll still booze" shirts and burn them. Man, I hate those.
July 15, 2008 at 12:57 p.m. ( permalink | suggest removal )
pj_hawk4life (anonymous) says...
I agree about the "win or lose" shirts, talk about promoting and celebrating mediocrity, but perhaps some of my fellow students really do prefer drinking to actually caring about the outcome of a game.
July 15, 2008 at 1:07 p.m. ( permalink | suggest removal )
bmcmich1 (anonymous) says...
trust me pj, they are out there--and they make me sick.
they are there every saturday to drink on the hill/in the parking lots, but as soon as kickoff comes they head to a bar rather than inside the stadium.
July 15, 2008 at 1:18 p.m. ( permalink | suggest removal )
Jacobpaul81 (anonymous) says...
Lew. You just lost every dime I would have donated to KU. Hope you're happy.
Hemingway, I hope you realize that letting this crap go on, you're not helping your reputation. You're just ticking off your alumni base.
July 15, 2008 at 3:28 p.m. ( permalink | suggest removal )
stachedewhatley (anonymous) says...
zzzzzzzzzzzzzzzzzz...
July 15, 2008 at 4:14 p.m. ( permalink | suggest removal )
JayCeph (anonymous) says...
"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.
I'm glad he's looking out for the interest of the students... what a magnanimous gesture. I feel so... insular and warm inside.
Forget the mounting gas prices, free fall of the US dollar and the ever-increasing threat of a significant economic/employment downturn. Now that this issue regarding the sale of lugubrious t-shirts is resolved, those students can breathe easy.
Thanks Lew. It seems like you really know how to protect the interest of your priorities.
July 15, 2008 at 4:42 p.m. ( permalink | suggest removal )
Yahweh (anonymous) says...
I know you can make arguments for both sides. It comes off a bit slimy on KU's end, though, IMO, for what it's worth.
July 15, 2008 at 6:03 p.m. ( permalink | suggest removal )
Mitch_4_KU (anonymous) says...
The reason that Muck Fizzou is so bad is that those in Missouri think it spells Duck Season. I really hate that one, but freedom of speech and all. Lets play football people.
July 15, 2008 at 6:36 p.m. ( permalink | suggest removal )
hawkman1031 (anonymous) says...
muck fizzou has got to go. no class. pure trash. leave the no class shirts to mu and ksu. Besides, we are number 1. Number 1 shirts are suiting me just fine!
Freedom of speech does not, in my perfect world, protect obscenity.
Now, shirt makers, listen well. Use my original MU basher phrase and make a shirt that calls them
"Tiger Lily Hillbillies". Can't beat that one!
July 16, 2008 at 6:32 a.m. ( permalink | suggest removal )
JayViking (anonymous) says...
Nope, sure can't... =\
July 16, 2008 at 10:21 a.m. ( permalink | suggest removal )
cobweb (anonymous) says...
I can see it now on a new shirt. "Puck Ferkins".
July 16, 2008 at 1:01 p.m. ( permalink | suggest removal )
BIGBEAR (anonymous) says...
hawkman1031, Tiger lily hillbillies...
Its Boring... Kinda tame, so you must be old.
Try to think like a college kid, do you want to wear a shirt that says "golly I dont much care for tigers"?
no. Use your brain people. Joe college is giving the people what they want! Do you think they would still be in buisness if the stuff they sold wasnt popular? Apparently the youth of the area has spoken, and they choose Joe College.
July 16, 2008 at 10:58 p.m. ( permalink | suggest removal )