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. 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!”)









1
Clem says:
How come Jason Whitlock never busted out the awesome like that when he was covering sports for the Ann Arbor News??
July 17th, 2008 at 10:09 am
2
Albino Tornado says:
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/
July 17th, 2008 at 10:11 am
3
jd says:
do you think the crips and the bloods watch the osu/mich football game for the same reasons we do?
July 17th, 2008 at 10:15 am
4
CincySooner says:
I better go out and patent the comma… sounds like a quick 400K to me.
July 17th, 2008 at 10:15 am
5
socalbryan says:
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?
July 17th, 2008 at 10:17 am
6
Anonymous IV says:
I will patent the period and own the publishing industry.
July 17th, 2008 at 10:23 am
7
blon57 says:
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…)
July 17th, 2008 at 10:35 am
8
NativeSon says:
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.
July 17th, 2008 at 10:35 am
9
blon57 says:
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.
July 17th, 2008 at 10:37 am
10
Brian O'Blivion says:
I’m copyrighting capitalization. That’s RIGHT bitches. All of your shift keys belong to me.
July 17th, 2008 at 10:37 am
11
jakldawg says:
I know a ton of Kentucky fans that are going to be piiiiiised about this.
July 17th, 2008 at 10:41 am
12
hobeg8r says:
I’m copywriting the @ sign. No one can email without sending me money.
July 17th, 2008 at 10:44 am
13
okiedomer says:
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!)
July 17th, 2008 at 10:44 am
14
gerry dorsey says:
[higher ups at alabama scrambling to file numerous "houndstooth" lawsuits]
July 17th, 2008 at 10:45 am
15
Diamond M says:
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).
July 17th, 2008 at 10:51 am
16
Chuck says:
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.
July 17th, 2008 at 10:55 am
17
NativeSon says:
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.
July 17th, 2008 at 10:57 am
18
blon57 says:
#15- 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.
July 17th, 2008 at 11:00 am
19
tml says:
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.
July 17th, 2008 at 11:05 am
20
NEJhawk says:
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!”
July 17th, 2008 at 11:10 am
21
Tricky Dick says:
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.
July 17th, 2008 at 11:13 am
22
Kernel says:
I am in the process of drafting an amicus brief on behalf of Dr. Tobias Funke.
July 17th, 2008 at 11:20 am
23
blon57 says:
#20 “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.
July 17th, 2008 at 11:22 am
24
Geaux Irish says:
#21…don’t forget the U.S. Military too.
July 17th, 2008 at 11:24 am
25
PeteJayhawk says:
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.
July 17th, 2008 at 11:28 am
26
PeteJayhawk says:
@ #19: Wyandotte Country also tends Blue.
July 17th, 2008 at 11:29 am
27
bk says:
Who led KU’s case? William Jennings Bryan?
July 17th, 2008 at 11:34 am
28
skoolbyrd says:
My balls have owned that shade of blue since 1987.
July 17th, 2008 at 11:42 am
29
nixforsix says:
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.
July 17th, 2008 at 11:59 am
30
Ltrain says:
perhaps the T-shirt guy’s legal team didn’t recognize there’s a difference between copyrights, patents, and….trademarks.
July 17th, 2008 at 12:14 pm
31
NYC Dawg says:
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/
July 17th, 2008 at 12:52 pm
32
Harris says:
I thought the EDSBS-approved term was “Aqua-cuddled.”
July 17th, 2008 at 1:00 pm
33
CincySooner says:
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?
July 17th, 2008 at 1:07 pm
34
ChemE93 says:
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.
July 17th, 2008 at 1:20 pm
35
Wahoowa says:
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.
July 17th, 2008 at 1:25 pm
36
AlanInDC says:
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?!
July 17th, 2008 at 1:50 pm
37
poppaP says:
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.
July 17th, 2008 at 2:27 pm
38
AlanInDC says:
I’m going to copywrite “white”. Orson, you now owe me eleventy billion dollars.
July 17th, 2008 at 2:47 pm
39
UgasTexan says:
Where can I get the fat coach t-shirt?
July 17th, 2008 at 3:51 pm
40
gosouthgohard says:
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.
July 17th, 2008 at 4:06 pm
41
sb says:
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.
July 18th, 2008 at 8:26 am
42
Tater Salad says:
@ 6:
And 3 days out of every month…
July 18th, 2008 at 9:01 am
43
Hogblog says:
Ironically the trademarked Blue (Pantone 293) is the exact color one’s foot turns after being stepped upon by their coach (land whale).
July 18th, 2008 at 3:34 pm