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Around SBN: Four TCU Football Players Among 17 Arrested In Drug Ring

KANSAS BRINGS A BAZOOKA TO A KNIFE FIGHT

That will be half a million, please.

Kansans, known for being bold pioneers in the field of anti-evolutionary biology and tornado-enabled interdimensional travel, may claim another title: the first state to attempt to stake out an entire color as a copyrighted entity.

You may recall a t-shirt last season that read "Our Coach Can Eat Your Coach," a bit of innocuous, non-name specific piece of puffery probably defensible under the First Amendment. (Lawyas, form of inveterate debate club! Lodge your depositions in the comment sections, since you will anyway.) The company producing the shirts, a small outfit called Joe-College.com, made the shirts along with a haul of others. Standard small-time American commerce.

Joe-College.com made one crucial error: they used the color blue, a tint apparently owned by Kansas, meaning we owe them a shitload of money for toting around these baby blues all these years. (Estimated cash value of our entire life's work: $282.50. Come get some, counselor! We dare you!)

For some reason, the owner Larry Sinks was told by a Kansas judge yesterday to pay Kansas a sum of money we find positively redonkulous: $127,337, a stupendously idiotic number a good bit reduced from the $500,000 originally requested by Kansas.

Star-divide

We're sure there was a scientific basis for his number, as in the coefficient of arm reach to the posterior divided by the depth with which one may reach into the ass of an attorney. Yes, that's it exactly.

Our junior colleagues at the SN sniffed out a fine, curmudgeonly quote from Jason Whitlock on the case:

Overall, the decision makes Kansas look like a bully. Jason Whitlock of the Kansas City Star reported that Sinks told him a Kansas official argued in court that the school owns the color blue in the state of Kansas. “Really? I thought the Crips owned the color blue,” was Whitlock’s retort in a column.

The Crips do own the color blue, which is why we pay them royalties and respect like whoa. [/flashes gang signs, nods with lips pursed slowly in deference to passing Buick with tint.] Why this wasn't brought up in court is evidence of serious legal malpractice here, but Sinks should appeal whatever he's got. If the Crips argument doesn't hold up, the ol' First Amendment thing should still be good for a laugh in the appeals process.

Now, if Kansas had waterboarded Sinks? No problem there. It's full of vitamins and stuff, you know. Next time, just take Sinks to a third country and dowhatchalike. Works for fired ESPN employees who violate their gag orders, right? Whitlock just survived because he's tough, unlike that pansy Hitchens, who would have never given in if they'd poured scotch over his face instead of water. ("He's drinking it all! What do we do, Captain!")

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How come Jason Whitlock never busted out the awesome like that when he was covering sports for the Ann Arbor News??

by Clem on Jul 17, 2008 11:09 AM EDT reply actions  

T-Mobile’s done the same shit with the color magenta. They, however, got laughed out of court. Danish court, sure, but court nonetheless.

http://www.engadget.com/2008/05/28/t-mobile-loses-magenta-suit-against-telia-we-try-not-to-laugh/

by Albino Tornado on Jul 17, 2008 11:11 AM EDT reply actions  

do you think the crips and the bloods watch the osu/mich football game for the same reasons we do?

by jd on Jul 17, 2008 11:15 AM EDT reply actions  

I better go out and patent the comma… sounds like a quick 400K to me.

by CincySooner on Jul 17, 2008 11:15 AM EDT reply actions  

There is nothing unique or novel about a color, and if I learned anything while screwing around on the internet, it’s that you’ve got to have something unique and novel if you want to have a copyright/patent. Unless they’re using a logo or a font similar to what Kansas uses to spell “Kansas” on all of its shirts, then there should be no copyright problem… but then again, I’m not a patent lawya.

The whole first amendment defense could fly if it was Mangiant (fat joke!) suing for slander/libel because it’s okay to make fun of a public figure.

In this case, I would assume Mangino would have the best cause of action for appropriation. Appropriation occurs when someone makes money off the use of someone else’s likeness.

Is there anything on the front of the shirt?

by socalbryan on Jul 17, 2008 11:17 AM EDT reply actions  

I will patent the period and own the publishing industry.

by Anonymous IV on Jul 17, 2008 11:23 AM EDT reply actions  

They used over the color and won? That’s absurd. They can’t “own” that color. The University of Texas uses several pantone colors as the standard burnt orange. Anyone can use the color: it is in the pantone color palette. The only thing I can’t do without UT’s permission is use the color in conjunction with the official logo, or the logo in any capacity without the university’s consent. That’s when they would sue. (And sue, they will. That’s why UT has one of the best law schools…)

by blon57 on Jul 17, 2008 11:35 AM EDT reply actions  

Shit like this spins me up because it only happens when a team is winning – all of the sudden it’s time to cash in and the University crushes all in its path cutting in line to be first (raising ticket prices being step #1). Honestly, like any suit at that school would have given a shit about a t-shirt before last season. They should be grateful for the exposure in the first place. Greedy fucks.

BTW, Kansas has peaked. Enjoy the ride back down, Jayhawks.

Rant complete.

by NativeSon on Jul 17, 2008 11:35 AM EDT reply actions  

I just googled and found KU’s graphic standards:

The official University of Kansas blue is referred to as KU Blue PANTONE 293. The gray used in the logotype is PANTONE 430. You may substitute a 45% black screen for PMS 430 Signature Gray. Whenever possible, print PMS 293 as a spot or fifth color to ensure color accuracy.

by blon57 on Jul 17, 2008 11:37 AM EDT reply actions  

I’m copyrighting capitalization. That’s RIGHT bitches. All of your shift keys belong to me.

by Brian O'Blivion on Jul 17, 2008 11:37 AM EDT reply actions  

I know a ton of Kentucky fans that are going to be piiiiiised about this.

by jakldawg on Jul 17, 2008 11:41 AM EDT reply actions  

I’m copywriting the @ sign. No one can email without sending me money.

by hobeg8r on Jul 17, 2008 11:44 AM EDT reply actions  

i really think i should specialize in college football related lawsuits – just look at all the money i’m missing out on:
- ku fat coach t-shirt lawsuit
- OU ball-ripper lawsuit
- OU lawsuit against husker fan for saying sam bradford is really dr. rockso
- dickrod v. state of west f’n virginia

them’s billable hours, baby!

oh, and 7, i’m pretty sure that OU actually owns burnt orange (oh sanp!)

by okiedomer on Jul 17, 2008 11:44 AM EDT reply actions  

[higher ups at alabama scrambling to file numerous “houndstooth” lawsuits]

by gerry dorsey on Jul 17, 2008 11:45 AM EDT reply actions  

Actually, in rare circumstances, a color can be your trademark and enforceable as such, but the level of proof required to establish that mark is extremely high — the evidence must essentially be that the color is immediately recognized and associated with you and no one else. The best (and maybe only) example of this is the “aqua” like color of Tiffany. Everyone in the relevant market (your girlfriend, your mom, your wife), knows what that little greenish blue box stands for.

But standard royal blue could be associated with anyone. I’m surprised that this suit went through, or maybe I’m not since Kansas still likes its elected and appointed officials to declare that evolution is “just” a theory. (And I say that with utmost affection for my home state).

by Diamond M on Jul 17, 2008 11:51 AM EDT reply actions  

sum of money we find positively redonkulous: $127,337, a stupendously idiotic number a good bit reduced from the $500,000 originally requested by Kansas. We’re sure there was a scientific basis for his number,

It’s Kansas. The number was probably intelligently designed.

by Chuck on Jul 17, 2008 11:55 AM EDT reply actions  

Breaking News: I’ve just acquired all rights to language and speech. Presently working on the “Living / Breathing” patent. Should come through within the hour.

by NativeSon on Jul 17, 2008 11:57 AM EDT reply actions  

  1. Actually, in rare circumstances, a color can be your trademark and enforceable as such…

True. Institutions and corporations, actually anyone, can pay a horrendous amount to pantone to patent their own color. Kansas didn’t do that so anyone should be able to use the color. If they are concerned about copyright, they should take some of the coach’s salary increase and patent their own blue. Then no one can use it except the university.

Oh, and #13- Just for two years. The license will expire soon.

by blon57 on Jul 17, 2008 12:00 PM EDT reply actions  

There is a long history with joecollege and KU. Lawsuit starting before the ‘winning.’ Sinks steals designs from others. He does a nice job of playing the poor businessman, but it seems everyone that has contact with him thinks poorly of him.

The copyright infringement in the case was color + identifiable marks. KU was saying that Kansas + blue or Kansas + Hawks is recognizable and infringement.

And check the Kansas electoral map, the one blue county is Lawrence.

by tml on Jul 17, 2008 12:05 PM EDT reply actions  

I agree this is complete BS. But to help out on the specifics, Joe college has more than the t-shirt shown here. KU is mainly pissed about the crassness and pervasiveness of the shirts. They simply became too popular and made too much money. KU had to protect thier brand from a guy who was stepping right up to the line and pissing on it (in thier oppinion).

Some of the shirts are as follows (some are new twists on old classics).

- “Muck Fizzou”
- “Win or Loose We’ll Still Booze”
- “Our Coach Beat Anoexia”
- “Kiss her where it smells, take her to Manhattan!”

by NEJhawk on Jul 17, 2008 12:10 PM EDT reply actions  

I am going to patent my thoughts, now I can’t think with out paying myself! Now I just have to figure out how to come up with the money… Oh shit the bill just keeps getting larger.

Ah I know how I can come up with the money, I will patent “No Homo” and sue everyone playing in the NFL.

by Tricky Dick on Jul 17, 2008 12:13 PM EDT reply actions  

I am in the process of drafting an amicus brief on behalf of Dr. Tobias Funke.

by Kernel on Jul 17, 2008 12:20 PM EDT reply actions  

  1. “Win or Loose We’ll Still Booze”

Good one. Actually, he should make a burnt orange t-shirt (the actual pantone color is pms 159) and use this slogan. It fits UT. We rank in the top 10 partying schools. Much better than our gridiron finish last year.

by blon57 on Jul 17, 2008 12:22 PM EDT reply actions  

#21…don’t forget the U.S. Military too.

by Geaux Irish on Jul 17, 2008 12:24 PM EDT reply actions  

KU had no choice but to protect their intellectual property. Slippery slope, motherfuckers.

The proprietor of Joe-College is a massive douche who knew exactly what he was doing and wanted to see how much he could get away with.

by PeteJayhawk on Jul 17, 2008 12:28 PM EDT reply actions  

@ #19: Wyandotte Country also tends Blue.

by PeteJayhawk on Jul 17, 2008 12:29 PM EDT reply actions  

Who led KU’s case? William Jennings Bryan?

by bk on Jul 17, 2008 12:34 PM EDT reply actions  

My balls have owned that shade of blue since 1987.

by skoolbyrd on Jul 17, 2008 12:42 PM EDT reply actions  

Apparently the issue is that the shirt says “Kansas” on the front. He probably could have gotten away with it had just been the slogan on the back.

by nixforsix on Jul 17, 2008 12:59 PM EDT reply actions  

perhaps the T-shirt guy’s legal team didn’t recognize there’s a difference between copyrights, patents, and….trademarks.

by Ltrain on Jul 17, 2008 1:14 PM EDT reply actions  

Full list of t-shirts that were ruled upon & if they were for the plaintiff or defendant:

http://www2.ljworld.com/photos/galleries/2008/jul/16/joecollege_shirt_verdicts/

by NYC Dawg on Jul 17, 2008 1:52 PM EDT reply actions  

I thought the EDSBS-approved term was “Aqua-cuddled.”

by Harris on Jul 17, 2008 2:00 PM EDT reply actions  

Hey Orson,

I read all of the comments, and what greeted me at the bottom? You guessed it… a Google ad for University of Kansas ringtones. Priceless.

Are you able to control which ad gets placed at the bottom of the page? Or is it simply a random convergence of irony and humor?

by CincySooner on Jul 17, 2008 2:07 PM EDT reply actions  

Yes, this has nothing to do with patents. It’s a copyright (and potentially trademark) issue. As you can see in the link by NYC Dawg, it’s more than just the color. Things clearly tied to the university went towards the plaintiff, while things more generally targeted towards “Kansas”, “Hawk”, or an abnormal hatred for things from Missouri (who knew?) went towards the defendant, even those that were blue.

It’s easy to jump on their case and say the school was being greedy or whatever, but this guy was clearly selling items with the Kansas logo without a license. That lawsuit is justified 24/7.

by ChemE93 on Jul 17, 2008 2:20 PM EDT reply actions  

Looking at that list of what shirts were infringing/diluting/whatever and what ones weren’t—there’s no method to the madness at all. Why is “Kansas Swim Team” (with sperm!) and “Missouri Graduate” (with pizza delivery boy) infringing and diluting but only half the ones that say “Hawk Basketball” are? WFT. This judge was a moron. This is why trademark claims are appealed to a special court.

by Wahoowa on Jul 17, 2008 2:25 PM EDT reply actions  

Ironic that Jason Whitlock (and proud Ball State alum) comes to the defense of the shirt maker. Christ man… fat guys gotta stick together. Don’t you know anything?!

by AlanInDC on Jul 17, 2008 2:50 PM EDT reply actions  

Also, federal trademarks and copyright supercede state. So…. how the heck do you copyrught simply blue? Miss State has the rights to a certain shade of maroon with a code identifying it. Kansas can’t just say Blue is theirs. I think it needs to be more specific.

by poppaP on Jul 17, 2008 3:27 PM EDT reply actions  

I’m going to copywrite “white”. Orson, you now owe me eleventy billion dollars.

by AlanInDC on Jul 17, 2008 3:47 PM EDT reply actions  

Where can I get the fat coach t-shirt?

by UgasTexan on Jul 17, 2008 4:51 PM EDT reply actions  

Looking at the list of verdicts, the only one that doesn’t really make sense is the “Missouri Graduate” one. It’s clearly a reference to the fine MU journalism school, which equips hundreds every year for the rapidly growing career of mobile food delivery.

by gosouthgohard on Jul 17, 2008 5:06 PM EDT reply actions  

Together with Mangina’s earlier displeasure with O. and the firm request to desist any and all real estate sales attempts on behalf of his royal circumpherence, it appears Kansas has a highly litigious populace. I guess they gotta do something until the season starts.

by sb on Jul 18, 2008 9:26 AM EDT reply actions  

@ 6:

And 3 days out of every month…

by Tater Salad on Jul 18, 2008 10:01 AM EDT reply actions  

Ironically the trademarked Blue (Pantone 293) is the exact color one’s foot turns after being stepped upon by their coach (land whale).

by Hogblog on Jul 18, 2008 4:34 PM EDT reply actions  

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