Club Banned From Selling Explicit Shirts

The only people who got screwed by the T-shirts with the slogan "Fuck the Trojans" were the students who sold them.

The Cal Surf Club was barred from selling T-shirts with a "Fuck the Trojans" print on campus by the Office of Student Life last Friday, after selling about 100 shirts last week.

The club sold the shirts to raise funds and to increase school spirit for the upcoming football game between the Cal Bears and USC Trojans this weekend, said Jon Kathrein, Cal Surf Club president.

After the first order of shirts was sold on campus last week, the Office of Marketing and Management of Trademarks rejected the design-saying the shirts were an infringement of UC Berkeley copyright, said Maria Rubinshteyn, director of the office.

The marketing office has authority to review the use of the university's name on all commercial materials, Rubinshteyn said.

The office said the combination of using UC Berkeley's blue and gold colors and the name Trojans required permission from both universities to be legally used in a shirt.

The shirt also does not reflect the campus's positive reputation and sportsmanship, she said.

Rubinshteyn worked to confiscate T-shirts with the "Fuck Stanfurd" print on campus two years ago.

"Oftentimes, it only takes someone wearing a derogatory shirt to produce violent behavior," she said.

The shirts' message also devalues the worth of UC Berkeley's and USC's copyrighted materials, Rubinshteyn said.

The marketing office notified the Office of Student Life last week that the club could face legal reparations for printing the shirts.

Even though an advisor from the Office of Student Life gave the green light for the club to print the first batch of 100 shirts, the office halted the sale of the shirts on campus after being notified by the marketing office.

The advisor who gave permission, Heather Downs, should have gotten permission from the marketing office before giving the students the nod to print the shirts, said Marcia Riley, director of Student Group Advising for the office.

The advisor did not realize the T-shirt design was trademarked and believed the obscenity was an expression of free speech, said Dean of Students Karen Kenney.

Student clubs wishing to produce Cal-themed clothing for sale on campus must have the approval of both the Office of Student Life and the Office of Marketing and Management, Riley said.

"We take partial responsibility for the first batch," Riley said. "(Downs') error was in the best interest of the students."

Kathrein said the shirt was produced to raise funds, not start lawsuits or fights.

He said it was ironic that he could not produce a shirt with an expletive on it during the 40th anniversary of the Free Speech Movement.

"They don't like the language, and are trying to form a more substantial way to ban the shirts," Kathrein said.

Rubinshteyn said if Kathrein continues to sell the shirts, it will be at his own risk-USC defends its federally registered trademarks very aggressively, and both the trademark office and the Office of Student Life are trying to protect him and the university from copyright infringement.

"(Cal clothing) should be there to positively promote school spirit," Rubinshteyn said. "We want our athletes to be as proud of us as we are as proud of them."

Jennifer Jamall of The Daily Californian contributed to this report.

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