WEDNESDAY, NOVEMBER 13. 2002 --- NEWS THE UNIVERSITY DAILY KANSAN = 3A Mizzou shirt spurs copyright debate By Kelly McNearney kmcnearney@kansan.com Kansan staff writer Some KU students are seeking exclusive rights to profit from a t-shirt slogan expressing KU students' disgust for University of Missouri athletics. Aaron Johnson, Plymouth, Minn. senior, said he was the only person in Lawrence authorized to sell shirts emblazoned with the slogan "muck fizzou." Johnson said his business partner, Jonathan Gordon, Munster, Ind. alumnus, had a pending trademark on the slogan. But the United States Patent and Trademark Office showed no record of muck fizzou as a trademarked slogan. Gordon said he applied for the trademark with the United States Register of Copyrights in Oct. 2001 and was granted the trademark, but that the slogan was not yet copyrighted. "It hasn't been approved yet because I guess the process takes a while with the government," Gordon said. "But I applied for the trademark, and that gives me the authority to claim it as intellectual property." Other vendors said the slogan could not be copyrighted. Colin Rohlfing, St. Louis senior, is selling muck fizzou shirts this year. His attorney and father, James Rohlfing, said Gordon and Johnson could not copyright the slogan because they could not prove the phrase was theirs. "Copyright protection is available to the author of an original work." Iames Robliffing said. Rohfling said the work also had to have some aspect of originality and creativity in order to be protected. According to the United States Copyright Office, titles, names, short phrases and slogans cannot be copyrighted. Johnson said because he and Gordon were the first to apply for copyright, they were granted the ability to place "TM" on their shirts. If the copyright is approved, they will be permitted to place an "R" for registered trademark on the shirts. Gordon sold the shirts for three years before passing the business on to Johnson. out of muck fizzou," Gordon said. Johnson will graduate this year and is training his brother, Todd Johnson, Plymouth, Minn, freshman, so that the brand name will continue to be in the hands of a KU student. Johnson has agreements with The Crossing, 618 W. 12th St., and Naismith Hall to sell the shirts at those locations. He sells the shirts at The Crossing on Thursdays and Fridays and outside Naismith Hall on home basketball game days and is the only vendor allowed to do so. Gordon said he forwarded his copyright application and a letter from his attorneys to the other vendors, including Jock's Nitch Sporting Goods, 837 Massachusetts St. A spokesman for Jock's Nitch declined to comment for this story. Gordon said taking the case to court would be too expensive to pursue. Gordon said the attorneys for Aaron Johnson, Plymouth, Minn, ior, owns the trademark rights to the muck fizzzou slogan. Johnson has sold T-shirts with the slogan in front of Allen Fieldhouse before games and at The Crossing, 618 W, 12th St. Jonathan Gordon, a KU alumnus, and Johnson co- created the slogan. Rohlfing and Jock's Nitch are attempting to reach an agreement with Gordon's attorneys. Jock's Nitch is continuing its sales of the shirts. Edited by Matt Norton Student campaign aims to honor MLK By Lindsay Hanson Ihanson@kansan.com Kansan staff writer A group of students are putting together a celebration they think will honor Martin Luther King. Jr. more properly than celebrations of past years. The Concerned, Active and Aware Students program, or CAAS,a division of the Center for Community Outreach, has spearheaded a campaign to get Martin Luther King, Jr. Day events in Lawrence to converge upon the Kansas Union. The group is planning a full day to honor the late civil rights activist. Tentative activities include painting a mural on campus, building hygiene packets for donation to a local homeless shelter, hearing speakers and participating in non-violence training. Fouzia Haq, co-coordinator for CAAS, said the University's Martin Luther King, Jr. Day events in previous years at the Lied Center hadn't been geared toward attracting students "I don't think it's visible enough, and I don't think students are in it enough," she said. So, this year's events will cater to all ages, especially to students in elementary schools. "It's a pretty important holiday and most schools get it off, so that means most students aren't getting any information about Martin Luther King," said Amanda Flott, co-coordinator for CAAS. Flott said the Boys and Girls Club of Lawrence had already committed to bussing elementary students to campus Jan. 20. Elementary students aren't the only ones who are invited, she said. University students, faculty and parents will be welcome as well. CAAS recently secured a $3,000 Matching Grant from the federal government to fund the day's events. Student Senate has met a chunk of the need by allocating the group $1,250 this year to apply toward the program. The total fund raising goal with the grant is $8,000. —Edited byChristine Grubbs Decision upheld: Greeks can run for off-campus Senate seats By Caleb Nothwehr cnothwehr@kansan.com Kansan staff writer When the next Student Senate elections roll around in April, the Greek community of the University of Kansas will be represented by off-campus senators thanks to a referendum upheld by the University Judicial Board yesterday. In addition to the two seats available to them through the Interfraternity Council and Panhellenic Association, students living in greek housing will now be able to run for any of the five off-campus senator seats. Referendum B, which the student body votedin favor of last April, came under fire last spring from some student senators who said supporters of the referendum had not followed proper procedure while introducing the legislation. Kyle Browning, last year's student body vice president, originally failed the referendum. But after disputes between the outgoing and incoming administrations during the last Senate meeting of Spring 2002, the decision was left to the Judicial Board. Three KU law professors Stephen Mazza, Jan Sheldon and Rick Levy—were members of the board reviewing the referendum. They met and handed down their decision this week. The text announcing the decision stated the referendum should be upheld because minor errors in introducing it should not discount that students had voted for it. "The voters approved the measure in a free and informed election," the decision stated. Johanna Maska, Senate legislative director and Galesburg, III., junior said the ruling was justified. "No matter what you think about Referendum b, the students voted for it last year," she said. Kit Brauer, holdover senator and Denver junior, said Referendum B did not address problems of representation because the greek community and off-campus students had different needs. "We need individual greek seats and off-campus seats because we have absolutely different concerns," Brauer said. - Edited by Katie Teske What happened: The University Judicial Board ruled that a referendum voted on by the student body last spring was binding. The referendum gave students living in greek housing the opportunity to vote for student senators in the off-campus classification and run for the office as well.