Round two in the ongoing fight between the Athletics Department and a local T-shirt vendor is scheduled for Sept. 28. The mediation is expected to be a brief but tense prelude to an inevitable trial.

The session is designed to pursue an out-of-court settlement or alternative. But Larry Sinks, owner of Joe-College.com, said he planned to take the lawsuit to court.

“I am not going to budge from where I am at,” Sinks said. “I am in too deep. I have spent too much money fighting it. I didn’t realize it would cost that much, but to me it is a matter of right and wrong.”

The University cited trademark infringement in the early-March lawsuit.

Sinks claimed that Lew Perkins told members of the community his intention was to shut down Joe College. Associate Athletic Director Jim Marchiony denied the claim.

“Personally I think that guy (Perkins) should be fired over this,” Sinks said. “I just think it’s time for him to go. He doesn’t have any compassion toward anybody. All he does is drive around town in his brand new red Corvette all day. He doesn’t care that it is wrecking my life, or my wife’s life, or my kids’ lives. I’ve seen him since. He says hello with a smirk. He’s too good to come to common civility.”

Sinks said he attempted to reason with Perkins during a chance golf partnering at the Lawrence Country Club this summer. Sinks said he was rebuffed.

Sinks said the issue was entirely about money.

“Of course I think it’s about the money,” Sinks said. “Everything else about Lew is about the money.”

Marchiony said the Athletic Department’s policy was to aggressively protect the marks of the University.

“A large percentage of the revenue that is generated from the sale of licensed products goes to student scholarships on campus,” Marchiony said. “Every purchase of an unlicensed shirt is money that is not going to student scholarships. We feel very strongly about that.”

The University has objections beyond monetary compensation and trademark infringement. T-shirts stating ‘Our Coach can eat Your Coach,’ ‘Muck Fizzou,’ and ‘Kansas Swim Team,’ featuring sperm cells were specifically mentioned in the lawsuit. Marchiony said the messages were in poor taste and cast a bad light on the school.

Signs in the Joe College store make it clear they have no affiliation with the school. One reads: “Warning: If you want to buy licensed Univ. of Kansas merchandise, please shop somewhere else!!!” Another says: “These shirts are not licensed by anyone or anybody!! If you do not understand this, please do not purchase anything in this store.”

Shirts in the store have the words ‘Hawk’ and ‘Kansas’ on them, both of which are not marks protected by the University.

“You will not find the word Jayhawk or the phrase Kansas University on any product in this store,” manager Erin Adams said.

Sinks said Perkins was unfairly using taxpayers’ money to attack his store.

“It would be different if it was his money, but it isn’t,” Sinks said “It’s the University of Kansas’ money and state of Kansas’ money. If everybody knew the money he was taking away from scholarships with this lawsuit, there would be outrage. It’s ridiculous. They hired this high powered law firm in Atlanta to come after us, and I guarantee they have spent three times what I have.”

Sinks said he has spent in excess of $130,000 on lawyers, expert witnesses and surveys.

Marchiony denied the claim that the lawsuit was taking money from scholarships.

“That claim doesn’t make sense,” Marchiony said. “Kansas Athletics receives a miniscule amount of its budget from tax dollars and basically what he is doing, by saying that, it is a ploy to deflect attention away from what he is doing.”

Marchiony said scholarship money actually comes from revenue that is gained from the sale of licensed products, which Sinks is taking from by selling unlicensed shirts.

Sinks said he hears support every day from Lawrence citizens.

“Right now, the thing is making me go broke,” Sinks said. “It’s an ugly deal. We are struggling very badly in trying to afford the lawsuit. But what do you do? This is how I make my living.”

Sinks said he would “absolutely” file a counter suit to recoup legal fees if the lawsuit is thrown out.

The trial is scheduled for mid-January 2008.

— Edited by Elizabeth Cattell