After attempts to settle, West Virginia University Board of Governors filed a motion for a temporary restraining order and a preliminary injunction Feb. 9 against a Morgantown retailer that allegedly used the university's trademarks on its merchandise.
The board of governors filed the federal suit Jan. 6 against JFord Inc., MivaMan LLC and MivaMan owner Kevin W. Ford claiming trademark infringement, trademark dilution, cyberpiracy and unfair competition.
According to a WVU news release, the university has more than a "dozen registered and common law trademarks, including the Flying WV logo, the words West Virginia University, the phrase 'Let's Go Mountaineers 'and the words West Virginia when used in reference to WVU."
"It is WVU's responsibility to protect the reputation, integrity, image and goodwill of the university through the proper use of our federally-registered marks," Becky Lofstead, assistant vice president for WVU communications said in a news release. "We also have a responsibility to our alumni, friends, donors, students, parents and fans — all those who hold this university in such high regard."
One of the shirts shown in the suit incorporated the F-word between West and Virginia. However, Ford says this shirt was discontinued months ago.
"If I would have decided not to buy that one shirt, we probably wouldn't be having this conversation right now," Ford said. "Now, they're filing a lawsuit against any shirt that I do."
Ford said he has been in the T-shirt business for a while and has been very careful not to infringe on copyrights.
"I've been in the T-shirt game," he said. "I know what's legal and what I can and can't do. … They really want their piece of the action and they're not going to get it. This is how they get their money from it. They want their 10 to 12 percent and to have total control over what it looks like."
Ford says his businesses carry three shirts that are questioned in the suit. The shirts have the wording "West By God Virginia," "West Virginia Girls Do it in the Mud," and "Lets Go! Drink Some bEERS!"
"This is how we tried to start a small business in West Virginia," Ford said, arguing many people come from out-of-state to sell shirts on campus. "We are paying taxes so they can sue us."
Additionally, Ford claimed the reason the lawsuit was filed was because he refused to sign an agreement beforehand.
"They wanted to force me to sign an agreement that we would not put the words ‘West Virginia' on any product," he said, arguing that a geographic location's word mark is not enforceable. "I refused to sign that agreement. I agreed to put the state outline and established date of 1863 on every single shirt but it wasn't good enough."
The store, which has been opened less than a year, has been affected by the suit, Ford said.
"I have to spend $10,000 to $20,000 to prove them wrong," he said. "I can't even represent myself. I can't plead my own case."
However, Ford stressed the suit will not break his business.
"The first year is the toughest year and add this on top of it," he said. "It's not going to put us out of business. It's not going to happen. I'm not going to be able to fight them. I wish I could. If I had the $10,000, then I could take it to court and win, but I know I can't afford to do it."
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