Editorial: Trademarks probably not violated

Thursday, March 8, 2007

The University of Kansas has a compelling and vested interest in maintaining its pristine image of wholesome Midwestern values, but it would do well to tread lightly in its pending legal fracas with Joe-College.com.

Trademark law is a malleable field within the developing world of intellectual property, and the University would be wise to not rush into any unnecessary action in this still evolving area. The Jayhawk logo, University name and obvious athletic references are trademarks worth protecting. But the foray into the distasteful shelves of Joe-College.com comes dangerously close to infringing upon free market practice by private vendors.

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If the University is going to fight any local shop pushing blue shirts featuring some variation of the word “hawk” and an insult to a neighboring school, then they should commit to that policy wholeheartedly.

The garb proffered by Joe-College.com, online and at its downtown den, is an odd congeries of objectionable slogans, sophomoric humor, and a wearyingly relentless assault on our neighbor to the east. But it remains to be seen if the proprietors are directly profiting from the University’s name or logo, or merely trafficking in transparent references to the school, its storied athletic programs and the physical traits of various staff.

If it is the latter, the University may find itself in the unenviable position of taking on every nickel-and-dime vendor that pops up on game days, along with the next crop of stores sure to replace Joe-College.com should it be crippled by legal action. The University would do well to enforce a strict standard concerning the pursuit of any potential legal action, and to dismiss any meager threat posed by local vendors. If the University is going to fight any local shop pushing blue shirts featuring some variation of the word “hawk” and an insult to a neighboring school, then they should commit to that policy wholeheartedly.

The proprietor of this kind of store, a sort of self-styled Thomas Paine of infantile humor, is probably correct that he is violating little or no part of applicable trademark law. The standard of the reasonable person may not allow the University to impose any kind of penalty or levy in this case. But for the benefit of future conflicts, of which similar ones are sure to arise, the University should commit to a specific set of guidelines regarding image and property. Relentlessly pursuing those who appeal to the basest elements of humor is an unappealing proposition indeed.

— McKay Stangler for the editorial board.

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