Road to recovery KU swimmer now spends days recovering from accident. See page 13.
SINCE 1889
THE UNIVERSITY DAILY KANSAN
WEDNESDAY, MARCH 19, 1986, VOL. 96, NO. 115 (USPS 650-640)
Windy
Details page 3
KU challenges use of trademark on shirts
By Brian Kaberline
By Brian Kaberline and Frank Ybarra
Staff writers
The excitement for this season's KU men's basketball team is spreading through Lawrence and the Midwest like an epidemic.
And sales of Jayhawk souvenirs licensed and unlicensed are reaching a fever pitch
Both the University of Kansas and the National Collegiate Athletic Association say the increased attention caused by the Jayhawks' participation in the NCAA Championship Tournament is keeping them busy trying to track the use of their registered trademarks.
The trademarks include all likenesses of the Jayhawk, the name Jayhawk, and other symbols of the University.
Steve Crossland, president of International Collegiate Enterprises, a group that monitors the use of KU's registered trademarks, said his organization was cracking down on
businesses not licensed to use these trademarks.
Crossland said his corporation was hired by the University to collect royalties from registered uses of trademarks and to find those who are using the trademarks without authorization.
Jack Waters, director of promotions for the NCAA, said the association also was stepping up efforts to protect its own registered trademarks. Among these trademarks are ATC, TAC and the title of "National College Championship" and the phrase "Final Four."
Waters said yesterday that his of-ice had contacted three or four Lawrence vendors in the last two weeks about the unauthorized use of NCAA trademarks.
Duane Morris, owner of Morris Sports, 10th Massachusetts St. said he had been contacted by the NCAA about sales of a shirt containing the T-shirt.
He said the shirts were made at K-2.
Sportwear Ltd., 1023 Massachusetts St., a shirt shop owned by Morris Sports.
Sports
He said he originally didn't know the use of the name was a violation of copyright laws. But when the NCAA contacted him, he pulled the two shirts he had left in his shop of the
Another area business contacted by the NCAA was Belle's Spirit Shirts. Dennis Bonebrake, manager of the business, said he was contacted by the NCAA about some shirt designs his company sold. The shirts in question contained the phrase "Final Four."
One of the shirts distributed by Belle's included a roster of the basketball team. Waters said the shirts violated another NCAA rule which says player's names cannot be used for commercial purposes.
Bonehare said his company destroyed its inventory of the remaining shirts that he sold to a few area stores were allowed by the NCAA to
remain on the racks
But the shirts with the team rosters should have been removed from the stores because they could affect the eligibility of the team members, Waters said.
Bob Weigel, manager of Dillon's grocery store, 1740 Massachusetts St. , said he was told by representatives from Belle's that some of the shirts sold by his store were in violation of copyright laws.
But he was not told to remove the shirts with the team rosters.
When Weigel learned that sales of those shirts could hurt the basketball team, he immediately removed the remaining shirts from the store racks.
Steve Word, director of licensing for the University, said his office had contacted 12 vendors in past two weeks about the use of KU trademarks. Crossland said his organization had contacted 10 more.
The University handles licensing of
small local businesses while International Collegiate Enterprises handles all other licensing. Word said.
Word and Crossland said most people were not aware of the rules regarding the use of registered trademarks.
The money received from licensing fees goes into two scholarship funds for the University, Word said.
The number of incidents involving the unauthorized use of KU trademarks, he said, has increased this year because of the success of the basketball team.
Tom Wilkerson, owner of Balfour House of Kansas, 935 Massachusetts St., said he bought a license to sell shirts with KU trademarks about three years ago.
Wilkerson said the problem with unauthorized use of trademarks was particularly bad this year. He said he had been approached by several people who were trying to sell him unlicensed products.
Local entrepreneur David Kahn
said he obtained a license to use the name Jayhawks on bumper stickers he distributed on campus, but thought everyone should be able to use the name.
Crossland said his organization, which handles licensing for 11 of the remaining 16 teams in the NCAA Tournament, would send an agent to Lawrence to work with the University if KU advanced to the Final Four.
The court may allow company representatives to be accompanied by U.S. marshals. The marshals have the power to serve the unlicensed vendors with restraining orders and seize their merchandise, he said.
"This could be a significant time, when the University can gain a significant amount of money." Crossland said.
Diane Dultmeier/KANSAN
Friends help woman to overcome tragedies
By Tim Hrenchir
Staff writer
Darren Villeneuve minor worked on an assignment for her Drawing II class yesterday afternoon under the Jayhawk statue in front of Strong Hall.
Rosemary Beers has survived two crises — one that cost her her home and another that could've taken her life.
Now, she says, she's ready to go back to her job as a custodial attendant at Adams Alumni Center, and put the events of last month behind her.
In early February, a physician told Beers she had a cancerous tumor in her colon.
Sketchy Scenery
Then, on Feb. 13, a fire destroyed a house at 1217 Kentucky St., the first floor of which was rented to Beers and her family.
Beers' next big worry was removed Feb. 21, when physician Steve Myrick removed her cancerous tumor during surgery.
The housing problem was solved. Beers, her husband, Alan, and sons, Chad and Kevin, received money, a house to rent, clothes, furniture and other items from the Douglas County chapter of the American Red Cross and from co-workers at the Alumni Center.
feet of my colon, and the doctor said the tumor was gone.
"I have a doctor's appointment Thursday, and I'm going to ask him if I can go back to work next Tuesday or Wednesday. I'm getting pretty bored. I'm ready to go back to work."
"They got it all." Beers said yesterday. "They took out about two
Beers said she would continue to have check-ups every 90 days.
"If I go another year or year and a half without cancer, I will have this beaten," she said. "But I'm still a high risk for getting another tumor. I'm really conscious about it."
Myrick said Beers would be watchd very closely for signs of cancer
"Once you've been diagnosed as having cancer, we follow you very closely for the rest of your life," he said. "We'd hate to see a recurrence."
Beers said she had decided to get checked for cancer after reading about a cancer operation performed on President Reagan. For about six months, she said, she had been experiencing blood in her stools.
"After Reagan's operation they had all these write-ups on colon cancer," she said. "When I saw that,
See BEERS, p. 5, col. 1
City passes handgun law
By Juli Warren
I part of the Lawrence handgun fight has been resolved, but the conflict is still smoking.
City commissioners last night passed a handgun ordinance in a 3-2 vote that would require a 72-hour waiting period before taking possession of a handgun
The vote was a repeal of the ordinance's first reading two weeks ago. Mayor Mike Amyx and Commissioner Ernest Angino opposed the ordinance.
The ordinance also requires dealers to complete and file a sales record with the name, address, telephone number and age of the purchaser.
The record would be open for inspection by police officials.
Sales to persons under 21, those under the influence of liquor or drugs and those convicted of a felony are prohibited.
Angino said he still was worried about liability problems with the ordinance because a convicted felon could lie and buy a handgun.
"I think that is definitely implied liability," he said.
"I think that is definitely implied liability," he said. But Commissioner Sandra Praeger said they also could lie without the ordinance because buyers had to fill out a federal form saying they weren't convicted felons.
Exceptions to the ordinance involve antique handguns, law enforcement officers and transactions between dealers.
John Barrett, who represented the National Rifle Association, said he would begin to circulate a petition that might force a public vote on the issue.
Bill aims at bad-check writers
TOPEKA — Next time a check bounces, the culprit could be charged triple the check's amount under a proposed House bill aimed at nabbing bad-check writers.
Barrett said he would circulate a petition with an attached ordinance that would repeal the handgun ordinance passed last night.
The ordinance will be effective upon publication. Buford Watson Jr., city manager, said it would be published tomorrow or Friday.
Twenty-five percent of the people who voted in the last city election would be needed to force the vote, Barrett said after the meeting.
Jim Phillips, Lawrence police officer, said after the meeting that at least 90 percent of the local lodge of the Fraternal Order of Police signed an earlier petition opposing the ordinance.
The petition asked the City Commission to either adopt the attached ordinance or arrange a special election on that ordinance, he said.
Carl Black, an attorney representing JPL Gun Shop,
2449 A Iowa St., said after the meeting that he might ask for a preliminary injunction after publication of the ordinance as part of a lawsuit.
By Abbie Jones
The Senate Labor, Industry and Small Business Committee yesterday heard testimony from proponents of a bill that would charge bad-check writers either $100 or three times the original amount of the check if it was not paid within 21 days. The greater of the two penalties would be assessed along with the face value of the check. No more than $500 could be charged.
Staff writer
Watson said the form would be drafted by the police department and would be distributed to commissioners for consideration tomorrow.
The form should be distributed to dealers by this weekend.
"Americans are bouncing nearly 1 million checks a day," said Frances Kastner, director of government<sup>a</sup>
The author of the bill, State Rep. Rochelle Chronister, R-Neodesha, said the 21-day period would encourage people to pay off the checks.
affairs for the Kansas Food Dealers' Association, Inc.
She also said warnings of the penalty posted on cash registers could act as deterrents.
"There are literally hundreds and hundreds of bad checks given," Chronister said. "People will find a way to pay those checks rather than incur those penalties."
Kansas law says writing a worthless check for more than $150 is a class E felony and for less than $150
The punishment for a class A misdemeanor is no more than one year in the county jail and a fine of no more than $2,500. Class E felons receive a minimum sentence of one year in the county jail or a maximum sentence of two to five years.
is a class A misdemeanor once the intent to defraud is proved.
Jim Yonnaly, director of Governmental Relations for the Kansas chapter of the National Federation of Independent Business, said the bill was designed to catch those who did not write in at least two weeks. Those who write a bad check just before they deposit money are in the clear.
"We hope that the threat is sufficient so the person who is thinking
See CHECKS, p. 5, col. 1
KU's future in ASK unclear
Founder says lobby works
By Barbara
By Barbara Shear
Staff writer
Staff writer Students should be
students should be seen, not heard. That was the attitude of the Kansas Legislature during the late 1960s and early 1970s. Legislators were not interested in listening to the voices of students, said Ron Hein, a 1971 graduate of Washburn University.
But shruens' — the buildings and flags, marched and sat-in to express their concerns about prevalent issues — from Vietnam to marijuana.
But students had things to say.
"There was a feeling of dissatisfaction from students," Hein said recently. "There was no way to channel their views to policy-makers properly."
In 1973, Hein said, he organized the Associated Students of Kansas hoping to provide an avenue for students to voice their concerns to the Legislature in a mature and responsible way.
"It was an attempt to establish political and governmental clout," he said. "Students also wanted to have their views considered about higher education, administrators' salaries and student loan programs."
Since the University of Kansas joined the organization in 1979, its membership has been controversial.
After ASK's quarterly legislative assembly last month in Lawrence, KU student leaders said they thought KU was not represented fairly by ASK and began to take steps toward pulling out. Its first committee to investigate the effectiveness of the student lobby organization.
David Epstein and Amy Brown, student body president and vice president, said that although the University was contributing one-third of ASK's budget, it was not represented properly.
ASK represents the six state universities and Washburn University. Each school pays $1 for each student enrolled, meaning an annual
amount of more than $24,000 for KU — almost one-third of the entire ASK budget.
KU decided to stay in the organization for the time being, but if it does pull out, ASK would be hurt financially, said Chris Graves, executive director of ASK.
A large part of the schools' fees pays the salaries of state staff members. Two professional lobbyists, two interns and one secretary make up the organization's state staff, Graves said. Four of the five positions would be eliminated if the $24,436 were lost.
'KU is very powerful. There is a feeling that KU is the biggest and the best and what we say is meaningless. It's like the little people trying to persuade the big people.'
--- Mike Steinbach Campus director at Emporia State University
Entry into the system would make Washburn a state school, financed by Kansas, and the other schools would receive less money from the state.
The job of the state stuff is to act as the liaison between the universities represented by ASK and the Legislature.
But KU is concerned about ASK's stand on the entry of Washburn into the Regents system. The organization decided in February to take no stand on the issue.
"There are seven pieces in the pie right now," said Steven Johnson, student body president of Kansas State University, which has 15 votes. "If Washburn enters, then the money would be split eight ways, and no one wants to lose the money."
KU student leaders also fear that if Washburn becomes a Regents school, KU could lose its School of Law. The state supports only one of each professional graduate programs for the state schools. For example, KU is the only Kansas university with a medical school and Kansas State has the only veterinary school.
KU also objects to the structure of ASK legislative assemblies. The ad hoc committee reported that it thought too many people attended the assemblies uneducated about the issues discussed.
The members said they thought legislative assemblies were becoming too emotional — the smaller schools versus the larger ones — rather than assemblies designed to help students statewide.
David Hardy, Pittsburgh State University student body president, whose school has five votes, said he saw no problem with the assemblies.
"We rarely bloc vote," he said. "I am more concerned in what's best for the students — not fighting KU. I hate it when people only vote for themselves. That's not what we were elected to do."
But other small schools said they were intimidated by RU, which has a large student base.
Jerry Brown, student body president of Fort Hays State University, which also has five votes, said that sometimes the school's representatives all voted the same way to get its interests heard.
"We have to bloc vote sometimes to get our interests the same attention," he said. "We try to encourage the other smaller schools to vote with us because we have more in common with them."
See ASK, p. 5, col. 4