MORGANTOWN, W.Va. (AP) - The operator of a Morgantown T-shirt company battling West Virginia University over trademark rights says he is shutting down after losing the first round in federal court.
WVU sued Miva-Man, operating as Fastees, in U.S. District Court last month. On Thursday, Judge Frederick Stamp granted a temporary restraining order against Fastees.
Owner Kevin Ford tells the Dominion Post (http://bit.ly/wvqLsf) he no longer has the energy to fight. He said he'll dissolve his business and take down his website but may open a new location later.
Stamp ruled Fastees can't produce merchandise with 10 phrases, including one involving profanity, one that used the flying WV logo in the words "very wasted" and "Blood Sweat and Eers."
WVU has trademarked "Let's Go Mountaineers!" But Stamp says it can't make Fastees stop using the phrase "Lets Go! Drink some bEERs!"
WVU also objected to Fastees' use of the words "West Virginia" when they're intended to refer to the university. Stamp agreed but said Fastees could use variations such as "West By God Virginia" and "State of West Virginia," or put the name of a city name before the name of the state.
The university also complained that Fastees mimicked athletic team uniforms, used WVU's official old gold and blue colors, and put the university's official typeface on its products.
WVU spokeswoman Becky Lofstead said the university is pleased with the ruling.