'Affair of Heart' hopes not to repeat university trademark infringements fiasco
By THE ASSOCIATED PRESS2/8/2008 10:14 PM
OKLAHOMA CITY -- Organizers of a popular craft show said Friday that they hope to avoid a repeat of a previous show when representatives from the University of Oklahoma and Oklahoma State University seized merchandise that bore licensed school trademarks.
Gayle Dyer, a co-owner and co-founder of An Affair of the Heart, said organizers had not seen any licensing representatives from either OU or OSU at the show as of Friday afternoon, the first day of the event's three-day run at the Oklahoma state fairgrounds.
"We don't know what their plans will be," she said. "We haven't heard from anybody in that area, (but) we aren't expecting any problem with it."
The show, first held in 1985, now features about 700 exhibitors that fill seven buildings at the fairgrounds and is considered one of the largest of its kind in the nation. Dyer said between 35,000 and 40,000 people are expected to attend.
When the show was held in October, licensing representatives from Oklahoma's two largest universities, citing a counterfeiting statute, confiscated goods with OU or OSU logos from vendors. The university representatives claimed that the sale of the items violated the schools' copyrighted trademarks.
If convicted, someone who knowingly sells an item with a counterfeit mark could be sentenced to up to a year in jail or a $1,000 fine.
At the time, Connie Harris, another of the craft show's co-founders, said some vendors had to close down their booths and lost $3,500 to $4,500 worth of merchandise. At least 15 vendors filed larceny complaints with Oklahoma City police against the licensing representatives.
Authorities initially considered pressing charges against the licensing representatives -- Suzanne Staley, OU's director of brand development, and Judy Barnard, OSU's director of trademarks and licensing -- for illegal seizure and-or against the vendors who sold items that might have infringed on OU or OSU trademarks.
But Oklahoma County First Assistant District Attorney Scott Rowland said that, instead, the parties worked out their differences.
"A resolution of a situation doesn't always require the law to step in and act," Rowland said. "I just don't think any criminal law enforcement action was required for it to be resolved. ... We sat back, and the parties worked that out somewhat."
Rowland said the universities made overtures to the vendors "to return the items, based on their promise not to (sell them) anymore." He said he hoped both sides learned lessons after what happened at the last show.
Both universities sent certified letters to the vendors whose merchandise was seized, explaining how to become licensed vendors.
OSU spokeswoman Carrie Hulsey-Greene said Friday that Barnard was out of the office but did not plan to attend this weekend's show.
"I'm sure they may be moving forward with educating people with licensing," Hulsey-Greene said.
Asked if OU would have a representative at the craft show, OU spokeswoman Catherine Bishop responded by providing a statement from Derek Hughes, a spokesman for the Collegiate Licensing Company, an Atlanta-based company that assists colleges -- including OU and OSU -- in trademark protection, marketing and management.
"Neither the Collegiate Licensing Company nor the University of Oklahoma will have a presence at the Affair of the Heart," Hughes' statement read. "However, to help further educate current and future OU licensees, CLC would like to welcome all to a free Collegiate Licensing Workshop in Oklahoma City slated for the spring."
Hughes said in the statement that the date and time of the workshop would be announced later.
Dyer said the craft show's operators are not responsible for policing the vendors -- only for leasing space to them. Still, she said, organizers note the licensing rules in an information packet given to vendors.
"We just hope that everything got resolved to their satisfaction," she said of the universities.
"This is a wonderful business, and a lot of exhibitors make their living this way," Dyer said. "We accommodate them every way we can. We want to make it as pleasant a weekend as possible."
