d 240
R/Kansan Staff
Javhawks
KANSAN
Friday, February 12, 1982
Vol. 92, No. 95 USPS 650-640
University of Kansas Lawrence, Kansas
The University Daily
Bowling Green athletic director takes KU post
By BARE EHLH
Staff Reporter and
GINO STRIPPOLI
Associate Sports Editor
Jim Lessig, athletic director at Bowling Green University in Ohio for four years, was named this morning as athletic director at the University of Kansas.
He will replace Bob Marcum, who resigned from the position as a similar position at the University of South Carolina.
"I'm impressed with the community and its being a small college town," Lessig, 46, said in a newspaper interview.
"Everyone I talked to seemed to love this place—there has to be a reason."
LESSIG GRADUATED from Bowling Green in 1967 and received a master's degree in school administration and speech from Bowling Green in 1967.
Lessig, a Canton, Ohio, native joined the Bowling Green athletic department in August 1978 after seven years in the school's Alumni and Athletic Department. A Ice hockey committee while at Bowline College
In 1969, Lessig joined former Bowling Green basketball coach Bill Fitch at the University of Minnesota. When Fitch was hired to coach the Cleveland Cavaliers in the NBA, Lessig went along as an assistant coach, head scout and host of special promotions. He left coaching in 1971.
Lessig talked about his plans as athletic director last night and about how the students fit
into it. He said he would sit back at first because he was unable at KU would know more about the University.
I will spend a lot of time talking to the staff
'My belief is that the student body is the backbone of any athletic program. Student support is infectious.'
Jim Lessig, newly named KU athletic director
and coaches," he said. He also said he hoped to learn from them.
"MY BELIEF that the student body is the backbone, of any athletic program," he said.
Lessig also gave some of his reasons for coming to KU.
"Student support is infectious. If it gets student support, then it's on its way."
"The KU academic institution is recognized nationwide, and that is very important to me. They are in a very prestigious athletic conference and when you have this combination, it's great."
David Addins, student body president and member of the KUAC search committee, described Lessig as a "very articulate, very handsome, outgoing and confident man."
"His background in radio and TV will serve us," Cline said. "He can speak off-the-cuff and on-bus."
ADKINS SAID THAT the contacts Lessig had made would help the University, as would his
experience in dealing with alumni. He said alumni support represented one-third of the budget.
"I think a lot of people, including students, will like him very much." Arkansas said.
Joe Menzel, sports editor of the B.G. News of Bowling Green University, said that Leshag had been offered the position of athletic director at the University of Maryland last year but had
Bowling Green has an extensive sports program including golf, swimming, wrestling, soccer, track and tennis. Its ice hockey team is ranked seventh in the nation.
Bowling Green's football record last season was 5-5-1 and its basketball record is 13-8.
Mavor looks askance at radio show
RvSTEPHENBLAIR
Staff Reporter
Bowling Green is scheduled to play KU in basketball next season.
A question about a closed meeting posed to a Lawrence city commissioner on a live radio show has prompted the mayor to challenge the propriety of such questions.
On Wednesday morning, Commissioner Don Binns responded to a question by KIJW station official Bob Newton about the commission's executive session Tuesday.
Item 4 of the city's agenda for next Tuesday's commission meeting reads, "Mayor (Marci) Francisco requests discussion of the City Commission radio program (KLWN)."
DURING THE closed session last Tuesday that Newton asked about, the commission said, would need to do more.
It was disclosed last weekend that Commission Tom Gleason had written a letter to Mr. Duncan that he agreed with.
Gleason said this week he would move to fire Watson at the executive session next Thursday. Binns said he thought the mayor wanted to
Binn's he thought the mayor wanted to discuss the program to run him silent.
"The only reason I can figure she wants to talk about the radio program is to impose a gag rule," he said. "She wants to gag the commission, but I was elected by the people."
After Newton asked Binns to report on the closed session, Francisco called the station and complained on the air about the question.
NEWTON CONFIRMED this, and played a tape of Francisco's statement.
On the tape, Francisco said, "Some of those issues are held in executive session because they're personnel matters or they are matters with legal implications."
Francisco also said on the tape that she didn't think that commissioners should be asked about what happened during a closed session. She said in another instance had put Bins in an awkward position.
A commissioner should speak for the commission as a whole when reporting on executive sessions, and not give his views as an individual, Francisco said on the tape.
According to Newton, Blins replied on the program that he thought the closed session was a mistake.
case of time.
Newton defended his question to Binns.
aintain we have the right to ask, and h See RADIO page five
Licensing of Jayhawk creates havoc
Staff Reporter
By ANNE CALOVICH
If the Jayhawk is confused, it's understandable.
Almost everyone who is involved in licensing him is confused, too.
Manufacturers who produce anything with the Jayhawk or the word "Jayhawks" on it must be licensed to use the design and must pay a royalty fee to the University of Kansas before they can
But not all manufacturers have agreed to pay a royalty fee, and many more do not even know it.
There is no copyright on the Jayhawk, and the motives behind its licensing are disputed.
Muggy said that as long as one manufacturer refunds the deposit, royalty fee, the licensing was waived.
BILL MUGGY, manager of the Jayhawk Bookstore, said recently he would take part in a class action suit against KU if the licensing process continued because he thought it was
Also save Word, manager of the Kansas Union bookstores, said some manufacturers refused to pay but were still manufacturing Jayhawk merchandise, while others compiled and paid the
"It's not equitable," Word said.
He said it could take 15 years to find manufacturers nationwide who might be manufacturing Jayhawk merchandise without the knowledge of the University.
In the meantime, Word said, he is involved in lengthy negotiations with manufacturers who
BUT FOR NOW, the Jayhawk isn't making much money for KU. According to Word, royalties collected from July to December of last year totaled $793. That figure is a long way
"The time will come when we'll be forced to sue them to cease and desist," Word said.
from the $385,000 that UCLA collected from manufacturers in 1980 for use of the Bruin.
UCLA began a mascot-licensing trend five years ago when it began charging for use of its robotics.
The trend has picked up momentum during the past two or three years, and frequent lawsuits are rising.
Wald said the most important reason for the licensing agreement at KU was to control the use of it.
"We want to make certain the Jayhawk is used in good taste," he said. "That is to say, we don't want a Jayhawk roachclip coming out on the market."
But Muggy said he objected to the principle behind licensing and thought KU had other lawyers for it.
"IT UNDULY and unfairly creates a competitive edge in favor of the University, only the university UMass Above, over all other universities, whether they're in Lawrence or out of state," Muggy said.
"It takes away a fair competitive price when
one institution doesn't have to pay and a private
institution does."
But Word said an exemption was written into the licensing agreement, exempting businesses within two blocks of University property from the license. In addition, an area that included the Jayhawk bookstore.
"We have specifically written in the exclusion because of him (Muggy) to ensure that no one could even point a finger or even think that KU was trying to quiet competition," Word said.
"IT SURPRISES ME, in light of the fact that I was never once informed of any of the negotiation efforts on a direct effort, either through the general counsel's office or on a direct approach through the bookstore," Muggy said.
He said he wrote to the University's general counsel twice regarding the matter, but never received a response.
But Muggy said he was never told that he was exempt from the royalty fee at any time.
Vickie Thomas, KU general counsel, said she was not aware of an such correspondence.
Muggy said he would fight the licensing along with other Lawrence and Kansas City merchants even after he was informed he was exempt from it. He said he had been boycoting, and would continue to boycott, those manufacturers who paid royalties to KU.
"I have found substitutions in all instances," Muirey said.
Another problem is that no one seems to know where the money from royalties will finally end. They don't have any idea.
AND THE STATUS of the Jayhawk at study. somewhere along the line that its copyright
"KU-'fanciful bird'" was copyrighted in 1946. The copyright expired in 1974, and no attempt was made to renew it. After a copyright expires, it cannot be renewed, and so three years elapsed before any formal claim was put on the Jawhawk. It is now registered as a servicemark.
Warner Ferguson, associate director of the Kansas Union, said he thought the copyright
Even without a copyright, Thomas said, what KU was doing by licensing the Jayhawk was proper. She said she was reviewing several manuscripts and having licensing of manufacturers by universities.
In a recent case, the University of Pittsburgh tried to prohibit Champion Products, Inc. from marketing clothing with the words "Pitt," the University of Pittsburgh's logo, and an annual printable on it, and lost.
THE U.S. DISTRICT Court's decision in favor of Champion stated that Pittsburgh had not previously challenged Champion, which had been selling such clothing for year.
But Word said KU was justified in seeking licensure.
"Even during the three-year period of time (when there was no copyright), we were still granting permission to 'Jayahwks' on billboards, sums. whatever, if it was in good taste," he said.
"We have just decided, in the last two or three years, that a royalty should be paid. The royalty portion is not the primary thing about a licensing agreement in the first place."
Wichita State University has been selling cups and T-shirts with a picture of a Shocker strangling a Jayhawk on the items without a license. Jack Gillette, manager of the Wichita Bookstore and designer of the logo, said he thought KU, Kansas State, would have an agreement that the three schools could use each other's logos without permission.
But the control on the Jayhawk is not tight.
WORD SAID that was not so. He had licensed the design, he said, but exempted Wichita State from a fee because it was a fellow Board of Regents school. He said, however, that the manufacturer was not yet licensed and he was trying to find out who the manufacturer was.
However, John Novotny, national marketing manager for the cups division of Packer Plastics Inc., which manufactures the cups, said no license was needed because the Jayhawk on the design was drawn differently from the service-marked, Jayhawk.
When notified of this, Thomas said she would have to look at the design, and Word said that variations of the Jayhawk would still fall under licensing agreements.
Word said he allowed this particular design because it was done in good school spirit.
He also said that he had objected to only two designs submitted so far under the licensing agreement and that he objected because the quality of the designs were poor.
THE early morning sun rises over a snow-covered field and abandoned farm west of Lawrence yesterday.
Staff Reporter
By ANN WYLIE
KU. state seek plane money
The University of Kansas and the Kansas Attorney General's office are attempting to recover money from the plaintiff's purchase in 1988. Neil Woitmerman asked to Attorney General Bob Stephan, said yesterday.
The airplane's previous owner had borrowed money to pay for the plane, but did not repay the loan when he sold the airplane to KU. The University was liable to repay his loan last
Vickie Thomas, KU general counsel, said the University decided to buy the airplane for $20,000, rather than to continue leasing it from Daley Palace, a Phoenix, Ariz., insurance incarcerate.
THE PLANE has been used for physicians at the University of Kansas Medical Center in its medical education outreach program.
Daley originally had borrowed $250,000 from the General Electric Credit Corp. to buy the plane. He still owed $160,000 on the loan at the time of the sale, Thomas said.
"He didn't use the proceeds of the sale to pay that loan off," she said. "The University became aware of the credit corporation's interest in the plane as the transaction was taking place."
Thomas said the University was left without a
The University also has continued to pursue Daley.
"we're continuing to assist the University
counsel on it." Weermann said. "No action is on
the desk."
clear title to the plane, and the General Electric Credit Corp. threatened to repossess the plane if KU refused to pay the loan. KU has since sued the credit corporation for a clear title to the plane.
"We're still pursing Daley to collect the balance."
"WE ENTERED into a settlement with the University," Gerald L. Cooley, the credit corporation's attorney, said. "It was something less than what was owed.
The Kansas University Endowment Association paid for the lien on the plane with privately raised money. No state money was lost, Thomas said.
Woerman said Dailey was deeply in debt, but the university could work out a payment with him.
Daley's debts total about $2.7 million.
One said someone in the state's Department of Administration wrote the check for the plane. Because of an oversight at KU, the check was made by a pilot and did not include General Credit Corp.
Weather
Skies will clear and the chance of snow will decrease by this afternoon, according to the National Weather Service in Topeka. Today's high will be in the mid- to upper 20s. Winds will be from the west at 5 to 15 mph.
tonight will have a high of 5 to 10 under clear to partly cloudy skies.
warmer, with highs in the mid-30s to 40s and lows in the upper teens.