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John Haydock (left) and Chris Crute of Helium Highs prepare for
their grand opening in a new location (see story, page 4).
Downtown business continues legal fight against University
By JEFF ECKARD
In a continuing battle of David vs.
Goliath, a local business is struggling
in its court fight against UNC after
attempts to prevent the case from
going to trial were denied to both
On Jan. 9, Johnny T-Shirt's
motion for summary judgment a
ruling to dismiss the case before it
goes to trial was denied in U.S.
Middle District Court in Durham.
The controversy began on July 10,
1987, when the University sued
Johnny T-Shirt for selling merchan
dise bearing UNC insignias without
paying royalties to the University's
The suit concerns the use of four
trademarks the University registered
with the U.S. Patent and Trademark
AIDS program wins oattnomial award
By JENNIFER WING
A UNC School of Pharmacy's
AIDS awareness program won first
place against 72 other pharmacy
schools in a national AIDS awareness
competition held by the Department
of Health and Human Services.
"The focus of the entire comoeti-
tion was to develop, implement and
manage a program on AIDS, said
Gene Brown, co-chairman of the
AIDS Awareness Committee.
Once the UNC Pharmacy Senate
found out about the competition
from a video sent to UNC about the
program, subcommittees were
formed and objectives created for the
program, he said.
Last semester, the AIDS Aware
ness Committee held three lectures
conducted by two UNC professors
know well what I am fleeing
DTH Brian Foley
Office in 1982. These include the
University seal, the letters "UNC," the
words "University of North Carolina"
and the Tar Heel foot.
Since Oct. 1, 1982, the University
has granted Collegiate Concepts Inc.
the exclusive right to use and grant
sub-licenses to use the trademarks on
merchandise sold in the United
Nearly 225 manufacturers have
received sub-licenses, and merchants
who use the trademarks on their
products are required to pay 6.5
percent of product sales to the
University's licensing program.
The University's complaint against
Johnny T-Shirt is that when the
public sees UNC insignias on pro
ducts, it assumes the merchandise is
approved and endorsed by the
AIDS questions 3
and a representative from Burroughs
Welcome. Seminars were also held
about different facets of AIDS by
UNC professors and a doctor from
Duke University Medical Center.
In order to measure the amount
of awareness generated by this
program, the committee conducted a
survey asking general questions about
AIDS treatment and ways of trans
mitting the disease, Brown said. At
the end of the year, another survey
will be done to compare the two
responses, he said.
During AIDS Awareness Week, a
booth was set up in the Pit for
students to submit questions privately
about AIDS, and the answers to these
questions are printed in The Daily
Tar Heel today. A table was also set
Serving the students and the University community since 1893
Wednesday, February 1, 1989
By JUSTIN McGUIRE
Assstanf University Editor
An ad hoc chancellor's parking
committee has recommended that
350 student parking spaces be elim
inated as part of a preliminary 12
point proposal released Tuesday.
Student government leaders said
Tuesday that they are upset with the
proposal and will take action to
The three-member ad hoc commit
tee, formed by former Chancellor
Christopher Fordham in May. 1988,
developed the 12 recommendations to
reduce parking problems on campus,
according to the proposal.
The proposals, seven of which were
originally proposed by the Traffic and
Parking Advisory Committee
(TP AC), include building parking
decks, developing more park-and-ride
lots and continuing cooperative
planning with the Town of Chapel
But the sixth recommendation has
upset student government leaders,
who said they did not expect it.
The recommendation states that
By SANDY WALL
If all goes according to plan, N.C.
State University will receive a $50
million, 25,000-seat arena in Raleigh,
and NCSU- students will be guaran
teed half the seats by state law.
Funding for the "Centennial Cen
ter" will come from both private and
state sources, said Frank Weedon,
senior associate athletic director at
Under section 107 of the 1988-89
appropriations bill passed by the N.C.
General Assembly, the state will
match dollar-for-dollar funds raised
by private sources, such as alumni,
to build the arena, Weedon said.
Section 107 also says the state will
continue to match funds until the
Johnny T-Shirt has refused to
accept such a license, and has not paid
for the use of the trademarks. The
University is requesting $500,000 in
damages. Also, the University claims
that the store knowingly and willfully
violated the law, and has asked the
court to triple the damages to $1.5
Susan Ehringhaus, special assistant
to the chancellor, would not comment
on the case while it is being litigated.
Charles Helpingstine, owner of
Johnny T-Shirt, said he had hoped
to win a summary judgment under
the Umstead Act, a state statute that
prevents state agencies from selling
merchandise in competition with
citizens of the state.
But, the court ruled that the
Umstead Act does not apply to the
University because it is a criminal
up at the AIDS Awareness Fair.
All of these activities were included
in the overall program submitted to
the competition, said Scott Ballenger,
committee co-chairman. After UNC
won the competition, the committee
was urged to continue with its long
range objectives to serve as a role
model for other universities, he said.
Dana Kiser, committee co
chairwoman, said the long-range
goals include creating a slide show
on AIDS to be shown to fraternities
Other plans include making posters
displaying facts about AIDS and
posting business cards for people to
ask questions about AIDS that can
be sent to the AIDS Awareness
Committee, she said. Plans are being
made to distribute the posters to local
from, but not what I am in search of. Michel
Chapel Hill, North Carolina
"I don't know why it happened. I'm
pretty upset because that's not what I
Kevin Martin, student body
the number of parking spaces allo
cated to students be cut by 350 in
the 1989-90 school year. The proposal
also recommends that student
government be allowed to set the
criteria for distributing permits to
Student Body President Kevin
Martin said he had been in touch with
officials and had seen a draft of the
proposal last week but had not
known about the proposal to elim
inate the student spaces.
"I don't know why it happened,"
he said. "I'm pretty upset because
that's not what I was told."
Student government will have a
response once the details become
U Uoikdy to
facility is completed. Under the bill,
$1.5 million for a development study
for the arena has already been
appropriated, Weedon said.
The provision, co-sponsored by
Rep. . William Watkins, D-Granville,
and former Rep. Bob Etheridge, D
Harnett, also mandates that half the
25,000 seat's for regular NCSU
basketball games in the new arena
must be reserved for students, Wee
Neither Watkins nor Etheridge
could be reached for comment, but
Sen. Wendell Murphy, D-Duplin,
who was instrumental in rallying
support for the arena, said state
matching funds are not guaranteed.
The 1988-89 appropriations bill is not
binding to the current General
statute, and Johnny T-Shirt applied
it as a private civil statute. The statute
would only apply to criminal activity
by the University, and would then
require the state to prosecute the case.
Despite the favorable ruling for the
University, it, too, was denied a
summary judgment on its claim of
The court ruled that under the
Lanham Act, a federal statute, the
University must prove two things: a
protectable property right in the
trademark it seeks to defend, and that
Johnny T-Shirt's use of a similar
trademark will cause public confu
sion as to the endorsement of the
products on which the insignias are
It was the court's opinion that the
See LAWSUIT page 5
As a result of winning the com
petition, a $2,500 donation was given
to the Pharmacy Scholarship Fund
by Carter Wallace and Company, a
company that produces condoms and
helped sponsor the competition.
"We have submitted a proposal to
Carter Wallace and Company for
funding," Kiser said. The funds would
be used for the travel expenses needed
when the UNC program is brought
to other campuses, she said.
Burroughs Welcome supplied all of
the necessary funds during the com
petition for the UNC committee, said
Jane Bohn, public relations spokes
woman for the pharmacy school. The
competition was also sponsored by
the Association of Pharmacy and
Corporate America for AIDS edu
cation, she said.
clearer, Martin said.
"We have to figure out what
happened," he said. "We will come
up with some sort of action."
In the original TP AC proposals,
the sixth recommendation was that
parking for sophomores who live on
campus be eliminated to create extra
faculty and staff spaces. Student
leaders opposed this proposal, and
Martin sent a letter to Chancellor
Paul Hardin asking that student
government be given the right to set
the criteria for allocating student
parking permits instead.
Hardin responded, telling Martin
he thought it was a good idea. Martin
said that when he saw the rough draft
get pew areona
Assembly; therefore, the funds may
be held up.
. "I'm sure you have heard money
is tight this year," Murphy said, but
added he believes funding for the
project can be secured. "I believe that
it will be done. I'm very interested
in this project."
The arena would serve as a bas
ketball and multi-use facility, said Joe
Hull, assistant director of the NCSU
Student Aid Association.
"That's what we plan for it to do,"
Hull said, "It's an arena that will be
used a lot."
The center, which would rival the
Smith Center and the Charlotte
Coliseum, would serve the Raleigh
area for years, Hull said.
"We really feel we have an obli
Kebschull in race for
Daily Tar Heel editor
By JENNIFER WING
Sharon Kebschull, a junior
journalism and religious studies
major from Raleigh, has
announced her candidacy for
editor of The Daily Tar Heel.
The paper should continue on
its present course but keep
expanding, Kebschull said. "The
main thing I will be doing is to
continue the coverage that she
(Jean Lutes, DTH editor) has
encouraged us to do."
Kebschull said she plans to
maintain the two-page editorial
opinion section and the extensive
sports coverage on Mondays.
Also, she said she wants to con
tinue using accuracy tests
questionnaires sent to sources used
in stories asking them to rate the
accuracy of quotes and informa
tion used in the stories.
"I want to do more writer
workshops to continue educating
our writers and to make sure our
writing is top-notch," she said.
Academic issues should receive
more coverage, Kebschull said. "I
want to really work on coverage
of the academic side, especially the
faculty contacts." She hopes to
earn the trust of the faculty in
order to cultivate more sources,
But the paper should also begin
to prepare for individual sections
in each news area by continuing
to expand, Kebschull said.
"We have a bigger circulation
than The Chapel Hill Newspaper,
and are ranked in the top five in
the nation's college newspapers in
budget," she said. "We need to
expand our coverage because we
are so big."
The state and national desk
NewsSports Arts 962-0245-Business
last week, the sixth recommendation
included only the proposal that
student government set the criteria
for student parking permit allocation,:
not eliminating 350 student spaces.:
But when it was released Tuesday,'
it included the proposed elimination
of the spaces.
The proposal states that limited
central campus parking is having an
impact on the University's ability to
attract and retain faculty and staff.
"Reducing the number of spaces used
by resident students will help improve
the situation," the proposal states.
But Residence Hall Association
President Jimmy Randolph said he
did not see reducing spaces as a fair
"I'm not so sure parking is the
answer to attracting quality faculty,"
he said. "Especially at the expense of
Donald Boulton, vice chancellor
and dean of student affairs, said all
the proposals are still in draft form.
The University has scheduled two
See PARKING page 5
gation to this area," Hull said. "We're
not only building it for today, we're
building it for decades to come."
The new arena would replace
NCSU's aging 12,400-seat Reynolds
Coliseum, Hull said. ... ....
"Reynolds (Coliseum) was started
in 1939 and it actually opened in
1949," he said, adding that UNC has
had three arenas (Woollen Gym,;
Carmichael Auditorium and the
Smith Center) since NCSU built a
The arena would most likely be
located near Carter-Finley Stadium,
Hull said. The NCSU Board of
Trustees unanimously approved the
site last November, he said.
See NCSU ARENA page 4
should expand into weekly
columns on news occurring on
other college campuses and should
use more Associated Press news
stories, she said.
More AP news briefs could also
be used in sports and business
news, she said. "I want to re
establish a business editor and run
business news two days a week
because I feel a lot of students are
interested in business news."
Kebschull has written for The
Daily Tar Heel since her freshman
year, including being an editorial
assistant and editorial writer. For
the past year she has served as state
and national news editor. In the
summer of 1988, she was editor
of The Tar Heel, the weekly
summer edition of the DTH.
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