West Virginia University has filed a motion for a temporary restraining order and preliminary injunction in U.S. District Court against MivaMan, LLC/Fastees.com, a local clothing producer marketing unofficial University merchandise, to prevent the sale and production of infringing merchandise.
A district court hearing has been scheduled for Friday in Wheeling. The University has requested a preliminary injunction to prevent MivaMan, LLC from "manufacturing, distributing, marketing, advertising, promoting, displaying or offering for sale any products which infringe or dilute WVU BOG's registered and common-law trademarks."
Becky Lofstead, assistant vice president for University Communications, said the University must protect its trademarks to preserve the image of the University.
"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," Lofstead said. "We also have a responsibility to our alumni, friends, donors, students, parents and fans – all those who hold this University in such high regard."
WVU has more than a dozen registered and common law trademarks, Loftstead said, including the Flying WV logo, the words West Virginia University, the phrase "Let's Go Mountaineers" and the words West Virginia used in reference to WVU.
According to court documents forwarded by the plaintiff, MivaMan, LLC has manufactured and sold items that infringe and dilute University trademarks. Products sold by the company include merchandise printed with profane slogans, including "West F-----n Virginia," "Let's Go! Drink Some Beers" and "Eat S--- Pitt."
"This is not simply a case of whether or not someone can use the name of the state," Loftstead said.
"When used in reference to WVU in the way it is being done, this business owner is clearly attempting to affiliate his products with West Virginia University to trade off our goodwill and strong reputation for his profit."
Steve Staffileno, executive director of the Mountaineer Maniacs, said the University's image, enrollment and degree values are affected by the shirts.
"To have a positive image and have other people across the country possess a
positive perception of your university is extremely important," Staffileno said. "It goes miles further than anyone can describe. It's important to give the school the best name it can possibly have."
The Maniacs introduced the T-shirt Amnesty program in the fall, and students could exchange vulgar T-shirts for a $20 voucher to buy an officially licensed T-shirt at the WVU Bookstore, Book Exchange or WVU's Team Shop in the Coliseum.
"The case right now is conference realignment, and a positive perception will be extremely important during that process," Staffileno said.
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