The Associated Press
LAWRENCE —
The University of Kansas’ athletic department is taking a Lawrence clothing store to federal court this week, seeking an order banning the store from selling unlicensed Jayhawk-related merchandise.
While Kansas has gained newfound popularity this year with its success in football and a national championship in men’s basketball, department officials say their lawsuit isn’t about timing but protecting their right to manage, license and benefit from the university’s image and its teams. “It’s not more important now than it was a year ago or two years ago, but the success that we’ve enjoyed this year certainly highlighted the importance of this issue,” said Jim Marchiony, associate athletics director. “From our perspective, what’s at stake is the use of our marks and the goodwill and good name of The University of Kansas ... That’s what this is about.” Larry Sinks, who sells unlicensed shirts online and through his Joe-College.com store, disagrees. He sees the university’s lawsuit as an attack on his First Amendment rights, noting that he has purposely avoided using any marks that are protected by the university, such as the Jayhawk mascot or the words “The University of Kansas.” “We’re just prepared to fight the fight,” he said. “We feel it’s our freedom of speech to say what we say on our shirts. ...” “I’m a taxpayer in this state, and I have been for many years, and I feel I have the right to use my state name on a shirt anytime I want.” The university argues Sinks’ shirts are close enough to the university’s own offerings to confuse customers into thinking he’s selling officially licensed apparel. For example, school officials pointed to T-shirts he printed in connection with Kansas’ trip to the Orange Bowl that are on blue shirts similar to Kansas’ official color, say “Hawk Football” on the front and “Orange You Glad We’re Going Bowling in Miami,” with the words “Orange” and “Bowl” printed in orange. Another blue shirt says “Missouri, it’s Your Turn to Pick Cotton (nice bowl game),” a reference to the University of Missouri playing in the Cotton Bowl this year. Another of the shirts doesn’t mention Kansas football coach Mark Mangino by name, but refers to his ample girth with the words “Our Coach Beat Anorexia.” Kansas Athletics say they’re not trying to stop Links from making and selling shirts they find distasteful, just the ones infringing on their legally protected trademarks. “This is about our marks and protecting the good name of the University of Kansas,” Marchiony said. “We deal with this issue all of the time, with other entities who play by the rules.” Sinks said he tried to secure licenses for selling official Kansas merchandise but was rejected, so he decided to make his own shirts that didn’t require licenses. None of his shirts include a picture of the Jayhawk mascot or say “The University of Kansas,” which are both protected trademarks. He also includes signs in his store and on his Web site making it clear he is not affiliated with the university. Jurors now will have to decide whether his shirts and other products are illegal. If not, he said he plans to expand into franchises and sell more shirts. If the jury sides against him, however, he’s out of business. “I’m kind of fighting for my life,” he said.
