2The Tar Heel Thursday, July 30, 1987
News
Update on the
From staff and wire reports
After next month, driving 65
will no longer net you a ticket
in certain parts of North
Carolina.
The N.C. Department of
Transportation announced
Monday that the speed limit will
soon be raised to 65 on certain
sections of the interstate high
way system.
The increase will not be
effective until the new speed
limit signs are in place, a step
the department expects to begin
in early August
The increase is in accordance
with legislation passed earlier
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this year by the U.S. Congress
and the N.C. General Assembly,
which gave the state Director of
Transportation the authority to
raise the speed limit on sections
of rural interstate that meet
specified guidelines.
Not all eligible portions of the
N.C. interstate system will be
affected by the department's
decision. Some segments will
keep the 55 mph limit that has
been law since 1974.
The Department of Trans
portation has not announced
which highways will be affected
by the increase.
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University,
By RON CRAWFORD
University Editor
The opening volley was fired
Monday in the legal battle
between UNC and Johnny T-Shirt
and Johnny T-Shirt won.
UNC failed to get an injunction
barring the Franklin Street store
from selling merchandise carrying
UNC logos.
UNC and the Board of Gover
nors filed a lawsuit on July 10
against Johnny T-Shirt, JTS
Promotions, and owners Mike
and Chuck Helpingstine. The suit
claims trademark infringement
and "unfair and deceptive trade
practices."
But after reviewing the case,
U.S. District Judge Frank Bullock
refused to prohibit Johnny T-Shirt
from selling University-oriented
merchandise, pending the out
come of the suit. A court date has
not been set.
Larry Coats, attorney for
Johnny T-Shirt, said the injunc
tion was not granted because the
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store go before the court
judge knew the case was going to
be close. "The University pro
claiming its emblems and insignias
to be trademarks is a very novel
issue of trademark law," Coats
said.
Also, the University knew about
the alleged violations for three
years and didn't file suit, Coats
said, and this probably figured
into the judge's decision.
Coats said it would not be
economically feasible for Johnny
T-Shirt to stop selling the items
because a large part of the store's
merchandise is UNC-oriented
material.
UNC has registered 10 items as
trademarks, including the letters
"UNC," the Tar Heel foot, the
University logo and the phrase
"University of North Carolina."
Businesses that sell items bearing
these emblems must obtain a
licensing agreement with the
University and pay royalties on the
University-oriented merchandise.
In order for an emblem to serve
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as a trademark, Coats said, it must
show "origin, source, sponsorship,
or endorsement."
"It is the position of JTS that
the University emblems do not
serve as a trademark," Coats said.
Rather, the emblems function as
an ornamental design, he said.
Coats said a license was not
required to sell these items until
five years ago. "In 1982, the
University (saw) an opportunity to
exploit the name, to derive a profit
from it," Coats said. "Why should
the University claim a right to
UNC (emblems)? They're every
body's. (They) belong to the state
of North Carolina."
However, Coats acknowledged
that a tough legal battle lies ahead.
"We have a T-shirt store fighting
the attorney general of North
Carolina and a University that has
all the resources in the world at
its disposal. (JTS is) in a rough
spot," he said.
Susan Ehringhaus, assistant to
the chancellor, said Tuesday that
the University would have no
comment while the case is in
litigation.
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