University Logo Trademark conflict Over Pinup Calendar

Calendar conflict continues

The OSU Bookstore at Derby Hall carries Penthouse, Playboy and Playgirl, but decided to remove a 1989 calendar featuring bare-chested male OSU students from its shelves.

The calendar, "Images: Men of the Scarlet and Gray," has been the subject of possible legal action since last spring because university officials say the unlicensed calendar uses OSU trademarks

said Leslie A. Winters, director of contracts administration

One photograph includes a scarlet and gray "Ohio State" towel, and another includes an aerial view of Ohio Stadium.

The calendar was originally titled "Images: Men of OSU," but was changed in fear of a lawsuit, said Sean Ashbrook, the calendar's producer.

But Winters said Wednesday that the university has not filed suit against Ashbrook and does not intend to.

OSU Bookstores ordered 144 non-returnable copies of the calendar, with the original name, in May, according to a signed and stamped invoice.

Ashbrook said the bookstore began selling the calendars Sept. 22, but pulled them off the shelves Sept. 26 or 27.

Ashbrook said Louanne White, a buyer for OSU Bookstores who signed the invoice, told him the OSU licensing program coordinator told her to pull them off the shelf.

Winters said Derby Bookstore was not pressured by the university to remove the calendars.

"The university never said 'you can't sell that in the bookstore,' " Winters said. "Normally, the bookstore won't sell any unlicensed products with the university's marks on it."

Ashbrook said OSU Bookstores has not paid for the calendars.

Robert R. Carlson, director of OSU Bookstores, was not available for comment.

Long's Bookstore, 1836 N. High St., and the Student Book Exchange, 1806 N. High St., continue to sell the calendar.

"OSU has never contacted us (about the calendar)," said Phillip Potter, assistant trade buyer for SBX.

Ashbrook said the OSU Entrepreneur Network was denied a request Sept. 20 to use a booth on the Oval to sell the calendars.

In June, the Ohio Attorney General's office sent Ashbrook a letter notifying him that Ohio State intended to take legal action against him if he did not stop using university trademarks.

Copies of the letter were also sent to his printer, Simpson Graphics, and Donald Sexton, professor of management and human resources and academic advisor to the entrepreneur network.

Ashbrook said the university is using restraint of trade to stop him from selling the calendars.

"If the university continues to state that I am violating federal trademark laws, I will investigate bringing action against them for libel, restraint of trade, and check into anti-trust violations," Ashbrook said.