Trademark Infringement Controversy Arises Over KU Shirts

Jan 19, 2007

A local retailer in Lawrence, Kansas is engaged in a legal battle with Kansas University over what phrases it can use on apparel that resembles apparel licensed by the university.
 
Just before Christmas KU Associate AD Jim Marchiony went public with his legal concerns over apparel sold by joe-college.com, a retailer in downtown Lawrence. Among the phrases or slogans used on Kansas blue shirts were: “Our coach is phat” and “Our coach can eat your coach.” Both are in reference to Head Football Coach Mark Mangino, who reportedly weighs close to 400 pounds.
 
“(We) don’t want to be associated with that — and putting that on a KU blue shirt, or anything close to Kansas blue, associates us with that,” Marchiony told the Kansas City Star. He further added that the school was actively pursuing “legal action.”
 
Joe-College’s attorney William Skepnek told the paper: “They want a cut and they want to control what it says on the shirt. That’s where the free speech part comes in.”
 
After the story broke, Joe-College said it would cease selling all licensed KU goods. It posted physical sign noting the controversy. It also posted the following on its web site:
 
“PLEASE DO NOT BE CONFUSED
 
THIS STORE SELLS UNLICENSED CLOTHING
 
Nothing you are looking at was made by the University of Kansas
Nothing you are looking at originated with the University of Kansas
Nothing you are looking at was made for the University of Kansas
Nothing you are looking at was authorized or licensed by the University of Kansas
No part of the proceeds of the sale of these items will go to, or benefit the University of Kansas
 
All of the above is true for the Collegiate Licensing Company, and for the National Collegiate Athletic Association, and for the NFL, and MLB, and the NBA, and the NHL, and for every other college, university, and professional sports franchise that exists anywhere that sells any kind of clothing
 
A FEW ITEMS WHICH ARE ON A SEPARATE AND DESIGNATED GROUP OF SHELVES, AND HAVE LICENSED TAGS, ARE LICENSED MERCHANDISE – IF THERE IS NO TAG THAT SAYS IT’S LICENSED, THE CLOTHING IS NOT LICENSED!!!!
 
IF YOU ARE STILL CONFUSED – DO NOT BUY ANYTHING IN THIS STORE UNTIL YOU HAVE CONSULTED WITH A CLERK, OR A MARKETING AGENT FOR KU AND THE COLLEGIATE LICENSING COMPANY, AND ARE SATISFIED YOU HAVE NOT BEEN MISLED.”
 


 

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