Lew Perkins Probably Kicks Wounded Dogs, Too
Yeah, yeah, I haven't posted anything in about two weeks and this is the best I could come up with. Sorry, it's slow right now.
Sometimes you just have to hand it to a guy. Just when I thought I couldn't dislike Lew Perkins anymore, he goes and does this. For those who forgot, here's the breakdown in a nutshell:
--Lawrence-area t-shirt retailer (Joe-College.com) sells funny* shirts, sometimes using the color blue and the word "Kansas"
--KU decides it doesn't like the shirts and sues the t-shirt retailer, who isn't licensed by the university, for infinging on its trademarks.
--Jury finds about one-fourth of the shirts in question infringe on KU's marks, and awards a whopping** $127,000 to KU.
--Less than a year later, KU is apparently pissed that this guy has the audacity to continue running his business, and asks the court for costs of $110,000, attorney's fees of $1.26 million, and fines of $1,000 per day for each day Joe-College continues to sell shirts that are apparently on the banned list.
OK, so let's get this straight. In the initial case, the KU athletic department got $127,000, and now they're asking for nearly that much in costs and $1.26 million in attorney's fees? Even at a fairly high number such as $500 per hour, which may be what its attorneys are charging, given that they're based in Atlanta, KU's attorneys would have to have spent 2,520 hours on this case to justify $1.26 million. Granted, I don't know if that includes the trial, but even so it still seems like a lot for what was approximately a two-week trial. Larry Sinks, the owner of Joe-College, apparently 'only' tallied about half a mil in attorney's fees. I'm not saying it's impossible that KU could prove its attorneys cost this much, but I'm hoping the judge doesn't permit it in this particular case.
We should be clear about my next point. Perkins and the KU athletic department are not claiming they own the word "Kansas" in all contexts, but rather when it is used in reference to KU. Fair enough. But in the KC Star article linked above, check out the picture. How is that shirt, a pink hoodie with the word "Kansas" on the front, clearly related to KU? The federal jury in Topeka said it was. Far be it for me to question the judgment of 12 fine Kansans, but c'mon. And that's to say nothing of Sinks' assertion, via Jason Whitlock, that a witness for KU testified that they own the color blue in the state of Kansas. I'd laugh if I didn't think some KU fans and officials were arrogant enough to actually believe that. Not all. Some.
This whole thing makes me wonder if there isn't some personal history between Perkins and Sinks. Joe-College is one of many t-shirt retailers in Lawrence. I'm not specifically calling into question any particular entity because I don't have any special knowlege, but is everything sold by Jocks Nitch, Francis Sporting Goods, Jayhawk Spirit, and other Lawrence retailers officially licensed KU gear? Lawsuits don't make friends, but I'm guessing there might be a little more than just the lawsuit behind Sinks' comment in a recent University Daily Kansan article, in which he called Perkins, and I quote, an asshole.
So, why did I write about this? First, because it's kind of slow right now. Do you really want me to preview our game with Wagner tomorrow? Didn't think so. Second, because of my strong dislike for Perkins and the school down the river. Third, because I think this lawsuit is a waste of time and money aimed at using the university's athletic department money to fund a personal vendetta between Perkins and Sinks. As Panjandrum commented here recently, I hope karma is a big fat bitch waiting around the corner to deal Perkins a wicked backhand to his already-mangled nose.
We could only be so lucky.
*Whether the shirts are really funny is obviously a case-by-case inquiry. Some of them are. Some of them aren't. The fact that I'm taking the side of a t-shirt retailer who markets shirts lampooning my own alma mater should say something about how strongly I dislike Perkins.
**Here, by "whopping," I mean "pittance"
0 recs |
18 comments
|
Comments
wow...must be very slow in Bill Snyderville...
why don’t you write a preview about your upcoming bowl game??? oh wait…
In all seriousness I’m only giving you a hard time, not trying to offend :D
Some people are like Slinkies...not really good for anything but they make you smile when pushed down the stairs.
by Denverjhawk on Dec 29, 2008 10:11 PM CST reply actions 0 recs
Hell, I'm finally back posting
You should be honored I wasted my first 700 words on KU ;-)
We'll carry the banner high!
Bring On The Cats
by TB on Dec 29, 2008 10:50 PM CST up reply actions 0 recs
honored indeed...
besides if you hate Lew that much, he must be doing something right for us, right. :D
Some people are like Slinkies...not really good for anything but they make you smile when pushed down the stairs.
by Denverjhawk on Dec 30, 2008 7:10 AM CST up reply actions 0 recs
Yeah even as a KU fan...
I have to agree that I’ve thought this was way out of line by the AD for a while. The funniest part? A large part of KU’s “case” was that they tried to say that the COLOR that joe college was using for its shirts was copyrighted by KU…how the heck can you copyright a color?
Regardless, KU rocks.
by 2.1 seconds left on Dec 29, 2008 10:20 PM CST reply actions 0 recs
I don't think you can copyright a color...
I know you can’t copyright an ambiguous word such as “Kansas” unless it is in combination with other symbols that are actually trademarked (i.e. Jayhawks, University of Kansas, possibly ‘Kansas University’).
Expect lawsuits for the use of ‘Kansas’ in ‘Kansas State University’ next. ;D
I am somewhat confused about why Lew is involved with this…Does merchandise fall under the jurisdiction of the athletic department? I would think the university as an entity would deal with copyright infringements…I don’t know. What falls under the umbrella of our own athletic department? The Powercat? I think the old-school Willie would be under the Alumni Association.
Hail to the Purple, Hail to the White
Wildcat in spirit, Wildcat in fight
Hail Alma Mater from sea to sea
Onward forever, Hail Victory!
by MadCat on Dec 30, 2008 8:36 AM CST up reply actions 0 recs
Licensed merchandise is the concern of the athletic department. They issue licenses and permission to use their symbols (“Kansas University”, the chicken, the color blue, the color red…apparently). In this case, Joe-College doesn’t have a license to use KU’s trademarks, thus the lawsuit.
We'll carry the banner high!
Bring On The Cats
by TB on Dec 30, 2008 9:11 AM CST up reply actions 0 recs
I have a copyright for the 'thought' of biscuts and gravy...
So, everytime you thinkg, “Hey, you know what sounds good? Biscuts and gravy,” I get a royalty.
It’s amazing what you can copyright these days.
"When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car." - Jack Handey
by Panjandrum on Dec 30, 2008 9:17 AM CST up reply actions 0 recs
I would owe you a ton of cash.
I love me some biscuts and gravy.
by EMAW on Dec 30, 2008 11:11 AM CST up reply actions 0 recs
Of course...
Just by reading this, I’m thinking of biscuts and gravy.
I should be safe with biscuits and gravy though, right? :D
Hail to the Purple, Hail to the White
Wildcat in spirit, Wildcat in fight
Hail Alma Mater from sea to sea
Onward forever, Hail Victory!
by MadCat on Dec 30, 2008 1:04 PM CST up reply actions 0 recs
I'm all for an aggressive and shrewd AD...
that does what is best for his university, but Perkins is out of control. His overzealous actions are going to be his downfall.
by Catfan33 on Dec 30, 2008 9:39 AM CST reply actions 0 recs
As a proud resident of the state of Kansas
I somewhat take offense to the fact that Lew is trying to encompass the university around the entire state. I think other non-KSU (okay, non-biased) fans and citizens would agree with me. The thought Lew is trying to convey is that any shirt that says Kansas automatically means KU. Well, he is wrong. Stop in any truck stop in the state and you will see shirts, coffee mugs, hats, postcards, and other souvenirs plastered with the word Kansas. I have a hooded sweatshirt that has Wildcats emblazoned across the front in purple writing. It is not a licensed product. I bought it from my former employer (a sportswear company in Manhattan) and as far as I know, neither K-State nor Northwestern have approached the owner with a lawsuit.
This is just my opinion, but there is something that seems fishy about this. I think there were questions raised as to why KU would allow such vulgar shirts to be made, and when they approached Sinks about stopping, he probably told Lew to get bent. Thus, Lew decided to flex some muscle. I understand school’s wanting to protect their licensing rights when a logo or trademarked name is in use, but I think Sinks knew the system and what he could get away with legally. Cheers to him (even if the shirts about K-State are tasteless and based on false assumptions). :-)
by EMAW on Dec 30, 2008 11:09 AM CST reply actions 0 recs
That sounds plausible
Although I’m guessing they didn’t say “Hey, Larry, those shirts you’re selling are putting us in a bad light, please put up some signs that indicate you’re not a licensed distributor.” Rather, I’m guessing he got a strongly worded letter from KU’s attorneys advising him that if he didn’t immediately cease sales of those shirts, he would be sued for trademark infringement. At that point, he probably advised Perkins to get bent, or provided some other colorful suggestion.
Oh, and I would also owe Pan a lot of money for thinking about biscuits and gravy.
We'll carry the banner high!
Bring On The Cats
by TB on Dec 30, 2008 11:40 AM CST up reply actions 0 recs
Moral of the story:
If you are going to buy any t-shirt in support of the university, Lew wants a piece of it. No, he wants all of it.
I haven’t followed this that closely, but how are the students reacting to this? I would assume that they’d be a little pissed off by this. All of the licensed apparel generally costs more that the off brand merchandise – making it a little more expensive for the typical broke college student.
Hey Lew, you already overcharge the average fan just to attend a game. Now you want to strip them of their right to buy a cheap t-shirt so you can pocket an additional 5 bucks? Shame on you sir.
Man do I hate Longhorn fans, well except for the ones that actually went there.
by mystman995 on Dec 30, 2008 11:39 AM CST reply actions 0 recs
Texas
UT has traditionally taken a very hard stance on stuff like this. Anything that has a longhorn on it or has a combination of the word Texas and the color burnt orange practically gets sued automatically. When I went to UT, we couldn’t get a tshirt maker in the Austin area to make shirts that were burnt orange for fear of getting sued – and we were using the shirts for a student organization. UT has also sued makers of tshirts in college station (saw ‘em off), etc. However, unlike Kansas’ blue, Texas’ burnt orange is a much more rare color, so it’s probably easier to prove they are trying to immitate the university when they use it.
by Texas Wahoo on Dec 30, 2008 1:05 PM CST reply actions 0 recs
Good point
I remember the flap over Saw ’Em Off a few years ago. I understand protecting a trademark, but if memory serves, UT has lead the nation in merchandise revenue the last few years. Of course, maybe part of the reason they do so is because they protect their marks so well.
We'll carry the banner high!
Bring On The Cats
by TB on Dec 30, 2008 2:39 PM CST up reply actions 0 recs
That's it...I'm making T-shirts now...
with the following texts:
Ks Jayhox
The Non-state University in Kansas
The Medium Red and Cornflower Blue Birds of Fictional Origin
Rawk Chawk Jhey Hocks
Kay Yoo
Any takers?
Hail to the Purple, Hail to the White
Wildcat in spirit, Wildcat in fight
Hail Alma Mater from sea to sea
Onward forever, Hail Victory!
by MadCat on Dec 30, 2008 1:13 PM CST reply actions 0 recs
I'd like to see this design
A man aboard a horse sporting a three day beard, a battered stetson hat, and a flask of cheap whiskey, under the title, “The Real Jayhawk.”
We'll carry the banner high!
Bring On The Cats
by TB on Dec 30, 2008 1:17 PM CST up reply actions 0 recs
"The Real Jayhawk" mascot would still be far better than...
a purple cat… :D
Some people are like Slinkies...not really good for anything but they make you smile when pushed down the stairs.
by Denverjhawk on Dec 30, 2008 1:48 PM CST up reply actions 0 recs

















