The t-shirt shop lost a lawsuit in July 2008 for trademark infringement, and this recent judgment is a continuation of that. Look at the numbers carefully, though. The judgment for the trademark infringement itself is for $127,00. The latest judgment against Joe-College, $667,507, covers legal fees for Kansas Athletics Inc. Yep, that’s right, the lawyers are the only big winners in this case.
I’m not going to bash the legal profession; too many of my friends and family members are attorneys. It is sad, though, when legal fees climb so much higher than the cost of the dispute. At the end of the day, neither side is truly happy with the result, and no one has gained the respect of the other. A small business may have to shut down, and Kansas Athletics is most likely no better off, except that others will think twice now before infringing on their trademark.
How much better if this could have been settled outside of the courtroom. They both claim to have attempted resolution, and of course sometimes this just isn’t possible. Sometimes the courts of the land need to step in with a clear decision. The cost of this interference, however, needs to be carefully weighed, for this legal action carries with it not only a monetary loss to both sides, but a cost of time, emotions, and relationships.
What can we learn from the sad tale of Joe-College and Kansas Athletics Inc.? Only bring out the big stick when absolutely necessary, and even then think twice, because it’s nearly impossible to go back.
In the meantime, stick with K-State gear.
Comments
Must say, as a member of the esteemed legal profession, I'm not sure lawyers are worth it. But I love your conclusion. Go KSU! You'll take heat for that one
Great article!
Is there a better way practiced anywhere else? Our constitution dictates this is a country run by laws, but somehow, like everything else, this got warped and twisted. I wish I could read old Hebrew and/or Greek to see how the original scrolls have changed to suit humanity.
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