Offside Apparel, a local clothing company, claims the U declined to renew their contract because they shared an image on social media of a shirt that said, “The Only Cougar I Like Is Your Mom.”
Brett Eden, director of the U’s office of Licensing and Marketing, said the social media post was not a factor in their decision.
“Due to a pattern of contractual breaches, we just decided we weren’t going to renew them,” Eden said, explaining that Offside Apparel has repeatedly created artwork and clothing without first getting approval from the U.
Nate Bowen, owner of Offside Apparel and a U alumnus, is sad to see their contract end.
“I don’t think they want to push the rivalry,” Bowen said. “But we want to sell products by fans for fans.”
The Collegiate Licensing Company sent a cease and desist notice after Offside Apparel shared the image prior to the Dec. 19 BYU-Utah football game. BYU filed a copyright infringement claim because the shirt contained a vintage BYU logo. Offside Apparel complied and took down the post, explaining that they neither sold nor designed the shirt — they only shared the image. Salt Lake Clothing Co. created the shirt and later redesigned the shirt without the infringing logo.
Last month, Offside Apparel received notice that their contract would not be renewed. Scott Klimt, co-founder of the clothing company, said “there were miscommunications on both sides” but believes the real reason was the “cougar” shirt. Klimt alleges that Eden, who previously worked at BYU, felt personally offended.
Eden said these incidents are just part of the job. Offside Apparel previously had a contract with BYU but said they stopped making products for the school because as U fans they didn’t have the same passion for BYU gear. Adam Parker, BYU’s licensing and trademark manager, disagreed on why Offside Apparel no longer has a contract with BYU.
“We ended it last year for poor sales and poor performance,” Parker said.
The U has more than 400 licensees and annually reviews all of their contracts. Offside Apparel’s agreement with the U began in 2007, creating mostly tote bags and scripture cases. Last summer, they created “Running Red Shirts,” a clothing line focusing on the U, which began a series of conflicts between the company and the university, including Offside Apparel creating shirts without approval.
“We’re forgiving — we talked with them many times,” Eden said. “It was just that constant pattern of behavior that really pushed it over the top.”
Eden said the “cougar” shirt is clever, if not original. The office seized several shirts that infringed on U logos almost 10 years ago that used the same phrase. Companies can apply at any time to be licensed with the U, but Offside Apparel has no plans to reapply.
Bowen and Klimt remain U fans and plan to move the business in different directions. Offside Apparel’s contract requires all formerly licensed merchandise to be liquidated within 60 days, so Offside is holding a 50 percent off sale during February, after which they will destroy any remaining merchandise. Their sale page prominently displays a link to Salt Lake Clothing Co.’s updated “cougar” shirt.
@mbatman72