Company could lose its shirt(s) over similarities

By SCOTT BARANCIK
Published September 11, 2006

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There was little doubt the T-shirt concerned Louisiana State University.

Phrases like "Beat Oklahoma," "Sweet as Sugar!" and "2003 College Football National Champions" referenced the school's 2004 Sugar Bowl win. Its purple and gold design mimicked LSU's school colors.

But the shirt did not use the trademarked phrases "LSU" or "Louisiana State University." So was it lawful?

Not according to a court ruling in Louisiana last month.

Judge Mary Ann Vial Lemmon concluded the nontrademarked references were, in sum, infringing - a decision that could spell trouble for manufacturer Smack Apparel Corp.

LSU and the other college plaintiffs are expected to seek millions of dollars in lost profits and damages from the Tampa company at trial.

Smack's 46-year-old owner and CEO calls his shirts "tasteful parodies" and says the ruling was merely the opinion of one judge.

"The first quarter is over," Wayne Curtiss adds. "If the other side wants to celebrate victory, that's fine."

A banner on the company's Web site, www.smackapparel.com, may capture the company's viewpoint more succinctly.

"Licensed only by the First Amendment," it says.