Barack Chalk Jayhawk?

Obama T-shirt causes concern for KU

The Kansas City Star

LAWRENCE | A picture of Gov. Kathleen Sebelius holding a T-shirt with the words "Barack Chalk Jayhawk" across the front has caused a bit of a stir with the University of Kansas.

The university is concerned that it might look like it is supporting Barack Obama. The words are a play on the university's "Rock, Chalk, Jayhawk," chant.

The T-shirts came about after the presumptive Democratic presidential nominee referred to University of Kansas supporters at a campaign event in Kansas City, Mo., as Barack Chalk Jayhawks

The university, which owns the trademark on the "Rock, Chalk, Jayhawk" slogan, gave the Young Democrats club permission to print 100 shirts in support of Obama — as long as only members of the group received the shirts.

"I was honestly thrilled they let us print the shirts," said Marc Langston, who organized the T-shirt printing and had sought the university's permission.

The problem came when Sebelius, at a campaign event in May, was photographed with the shirt. Langston said there was a moment of panic when he realized someone outside the club had received a shirt, violating the original agreement.

The university's athletics department, which monitors trademarks for the school, stepped in and told the Young Democrats not to print any more shirts.

Associate athletics director Jim Marchiony said a line needed to be drawn before it appeared that the university was endorsing a certain presidential candidate. He noted that state law prohibits universities from using their trademarks to endorse political candidates or positions.

"We're a state university," he said. "We should never be used to further a political candidacy."

In retrospect, he added, permission for the shirt probably shouldn't have been given.

Sebelius spokeswoman Nicole Corcoran confirmed Monday that the governor was given the T-shirt.

"As a supporter of Barack Obama and KU, she's proud to have it, though I can't say for sure if she's actually worn it yet," Corcoran said.

Alice Lieberman, a university professor and adviser to the Young Democrats, wondered why the university would block student groups from using the slogan.

Lieberman said students should some leeway when it comes to using the university's trademarks.

She also wasn't sure the shirts might imply a university endorsement.

"If someone could work (John) McCain into Jayhawk or KU or Rock Chalk, I would fully support that," she said. "I actually tried, without any success."

In a separate case, a federal jury in Topeka ruled last week that Lawrence clothing store Joe-College.com must pay the university $127,000 for trademark infringement for selling unlicensed Jayhawk-related merchandise.

The award, though, was well below the $500,000 the school had sought. The jury also ruled that about 75 percent of the 206 shirts Joe-College.com sold did not violate any trademark.

Law professor Mike Hoeflich, a copyright expert, said it could be argued that the Obama shirts were both a copyright violation and an issue of political speech.

"This differs from the recent Joe-College issue," Hoeflich said of the. "These Obama shirts are expressly political."

I remember seeing signs with the same slogan at the game we attended in February. I don't think it is as big of deal as its being made out to be. Its no secret that Kathleen is a Barack supporter.

dz724 wrote:

I remember seeing signs with the same slogan at the game we attended in February. I don't think it is as big of deal as its being made out to be. Its no secret that Kathleen is a Barack supporter.

Homemade signs are not the same issue as t-shirts that were authorized by the athletic department. It gives the appearance the the university, which is funded by public money, is endorsing one candidate over the other. The fact that the university acknowledges that this is copyright infringement but chose not to do anything about it raises further questions in light of the recent lawsuit that KU brought against Joe College. If the lawyers for Joe College have even half a brain, they'll be in court as soon as possible demanding that the $150,000 verdict against them be set aside. After all, how can they say that a blue t-shirt with the slogan "Our Coach Can Eat Your Coach" is copyright infringement simply because it's blue, and ignore the misuse of a copyrighted school slogan on a t-shirt of the exact same color?

How do you think Sebilius would react if McCain adopted "Wabash Cannonball" as his campaign song and K-State showed McCain commercials featuring the song at all of their home football games this fall? For free.

dz724 wrote:

Its no secret that Kathleen is a Barack supporter.

She acts like she'd give him head on the stage at Mile High during his acceptance speech if he'll choose her as his VP candidate.

I found the following text on another forum I visit. If the concert aspect of this is true and that is why the big crowds were really there,it just goes to show us that there is no lie a politician won't tell to get elected.


"All of you who heard or saw on the news that there was a huge showing of people today in Berlin just to hear him talk should know something that they are not reporting on the news.

Before the presumptive Democrat nominee spoke to a crowd in Berlin today, two popular German acts -- reggae artist Patrice and rock band Reamonn -- entertained the gathering audience. This is the reason that there were so many people there....they were not there just to hear this fool talk about nothing. I just watched ABC world news and they said absolutely nothing about the real reason there were so many people there. They just made out like they all came to see him and it pissed me off to no end!!

Now I dont care if you hate Bush.....or if you are a die hard Republican or Democrat, whatever. They ( the news ) should not make this man or any other man out to be a god!! Remember back in May when media gushed and fawned over a huge crowd in Portland, Oregon When obama spoke? It was the same there as well, a free concert before he spoke just to pack in the people then they once again made him out to be a god and said.....look at all these people that came out to see him. Oh he really is so great!!!

With only around 150 days of experience this fool has no business being the next president! He has no planes to lower gas except a windfall profit tax on the oil companies, who you think will pay for it? No plan to get us out of the war except other than a planed pullout even though that would certainly mean another war a few years down the road. Wants to sit down and have a talk with the president of Iran and try to talk him out of the Nuclear weapons they are so close to now having, you know how well that has worked up to this point. Does not want....under any circumstances to drill any where on U.S. soil but he does not have a problem with INDIA AND CHINA DRILLING 60 MILES OFF OF THE COST OF F.L. RIGHT NOW!!!!

If you think it's bad now just let this **Censored** get into office and we will really be screwed!!!

I just wanted to vent a little and let those that care know the real reason for the big turnout and i'm not trying to start a war. Did not see a political section here on the forum so i posted it here, hope that's OK."

end quote

The Other One wrote:

Homemade signs are not the same issue as t-shirts that were authorized by the athletic department.

Sorry, I wasn't saying it was the same thing. I was simply stating I had seen the slogan. I agree that it is BS that they are ignoring this copyright infringement (although they did agree to let them print the shirts. It was with the understanding that only the members would get one) and didn't cut Joe College any slack. I have a couple of Joe College shirts, as well as a couple of Licenced KU shirts.