Thursday, June 26, 2008
If the Kansas Athletics Department gets its wish, far fewer students will don shirts emblazoned with catchphrases such as “Muck Fizzou” and “Our Coach is PHAT” next football season.
The department took local apparel retailer Joe-College.com, 734 Massachusetts St., to federal court on Tuesday in an effort to stop the store from selling unlicensed Kansas gear. Jim Marchiony, associate athletics director, said the store was infringing upon the school’s trademark by printing blue shirts that reference Kansas athletics.
“What we are looking to do is to protect our registered mark, and protect the good name and good will of the University of Kansas,” Marchiony said.
Marchiony said many of the store’s shirts had language, images or references that were offensive and inconsistent with the University’s brand message. The department first addressed the issue in spring 2006, shortly after Joe-College.com opened.
If the department wins the trial, which started Tuesday and runs until July 9, the shop could close.
“They’re trying to close us down,” said Joe-College.com owner Larry Sinks. “With the money they want and the shirts they want taken out, it would basically close my store.”
Sinks said the Department previously offered him a settlement under which he would pay $900,000 and remove the shirts from his store. Sinks said his store had not made $900,000 in sales since opening Feb. 2006.
“We don’t use their trademarks,” Sinks said. “I use the word ‘hawks,’ I use our state name, I use Lawrence on some of them, and they’ve sued me for every shirt in the store.”
Sinks said he thought the department targeted his store specifically because of the controversial “Muck Fizzou” design. Joe-College.com’s shirts became the focus of discussion in 2006 when ESPN announced that it would not show fans wearing “Muck Fizzou” shirts during its broadcasts. The Joe-College.com store is plastered with signs reminding shoppers that the T-shirts are unlicensed.
The shirts’ lack of legal licensing hasn’t limited their popularity on campus. T-shirt designs poking fun at Missouri, Kansas State and North Carolina are fixtures at Kansas sporting events.
“I think they’re pretty funny,” Adam Crifasi, Olathe junior, said. “I actually own a couple, so I’m not too opposed to them.”
Crifasi said he thought the Department should not be able to earn royalties from Joe-College.com unless the store printed shirts that included the Jayhawk symbol.
Sinks said if he won the trial he planned to expand his business to more locations around the nation.
— Edited by Mandy Earles
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