Basketball, Breasts, Intellectual Property, Sports, Trademarks

Young Nubile Breasts Overwhelm University Trademark Lawyers

I don’t know about you, but the first thing I did on social media this morning was follow @KUBoobs, which then led me to follow @UKboobs and @Mizzouboobs. And then I remembered that I’m a goddamn 35-year-old married man, these women are in college, and didn’t really need to follow these accounts to do “research” for this story. Then I followed @JonesDay, which is kind of like throwing a pack of gum on the checkout scanner after ringing up a tube of K-Y.

In any event, the point is that there is a Twitter account called @KUBoobs which involves girls provocatively wearing Kansas Basketball gear (I suppose they could wear KU Football gear but, c’mon) and sending the pictures to the account to be posted online. The best ideas are the most simple.

Now, you’re not going to believe this, but this account is not sanctioned by the university. Shocking, I know.

But what actually is surprising is that some people at the University’s office, probably some pervs who were “tempted” to spend their whole work day on the site, tried to get their lawyers to shut it down. Do old people really know nothing about the internet?

I know I don’t have any problem with Midwestern girls taking sexy selfies for Self, but KU officials apparently did. Gawker has the story:

A popular Twitter account dedicated to posting photos of deep-cleavaged women wearing University of Kansas attire has received a cease and desist letter from KU’s lawyers ordering it to cease all usage of the university’s trademark by tomorrow.

Among other things, KU Boobs was asked to stop using the letters “KU” in its name as it might lead the public to “erroneously believe that your business, its advertising and promotional activities and/or products have been licensed, endorsed, sponsored or authorized by the University.”

KU Boobs, in turn, informed its followers that it had been ordered to cease and desist by June 12th, and launched the #SaveKUBoobs hashtag campaign in an effort to save itself.

“If you have ever wanted to submit a #kuboobs pic and never have, this is your last chance! #SaveKUboobs,” the account tweeted last night.

The submissions came pouring in, and, within hours, the university began to walk back its threat.

There are so many things wrong with the Kansas administration here. I mean, it’s basketball and boobs, what could be more natural?

And their fundamental legal point is flawed: NOBODY WOULD BELIEVE that @KUBoobs was “licensed, endorsed, sponsored or authorized” by the University of freaking Kansas. Not even the dumbasses who go to Kansas State would think that.

But let this be a free legal lesson to the kids who go to KU: a cease and desist letter carries the force and effect of Kevin Young’s defense on a Trey Burke jumpshot. It looks like it should work, but it really doesn’t matter.

Support for @KUBoobs bubbled over and the administration backed down. Now they’re saying that they’re just trying to shut down “I <3 KU" wristbands, proceeds of which go to breast cancer research. You gotta love lawyers. "No no no, we're not trying to shut down the popular, sexual Twitter account in Bible country that our employer wants destroyed. Instead, we just want to stop the ancillary side business because while that's for the laudable goal of cancer research, we have a marginally better legal claim there.” From Rock Chalk Blog:

A dollar from each wristband went to breast cancer research while it cost them about a dollar to make it. There wasn’t really a profit being made from the wristbands because of manufacturing cost and shipping. @KUboobs said that they want everyone to know that the money is going to research.

Jim Marchiony, Associate Director of Public Affairs with KU Athletics, told Fox 4 that is where the problem lies:

“We’re not trying to shut @KUBoobs down. It’s one thing to have a Twitter account. It’s another thing to sell items with ‘KU’ on it, which is what they’re doing,” said Jim Marchiony, Associate Director of Public Affairs with KU Athletics. “That’s our federal trademark, which we always have to protect.”

How many recent graduates from KU Law are unemployed? Our law school directory says the school’s LST employment score is only 60%. Isn’t there at least one unemployed young KU lawyer who can tell these guys how to handle this C&D?

My suggestion would to pen a response on a KU shirt stretched over a beautiful rack.

University of Kansas Orders Boob Appreciation Twitter Account to Cease [Gawker]
@KUBoobs Ordered To Shut Down [Rock Chalk Blog]

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