Friday, August 20, 1999

By Robert Ruth
Columbus Dispatch Staff Reporter

Ohio State University doesn't want anything to do with a pinup
calendar featuring scantily clad women.

And the university went to U.S. District Court yesterday to emphasize
its point.

Attorneys for OSU filed a lawsuit asking Judge James L. Graham to
prohibit the 30-page calendar from being distributed and sold. Pinup
photos in the calendar, titled "Scarlet & Gray Girls,'' use words and
paraphernalia that have been trademarked by OSU, Joseph R.
Dreitler, a university attorney, told Graham during a 45-minute
hearing.

Graham agreed and issued a seven-day temporary restraining order
prohibiting Sean M. Ashbrook of 486 Vermont Place from
distributing the product. Ashbrook, president of Calendar Models of
America, has published the calendar.

Graham noted that neither Ashbrook nor his attorney attended
yesterday's hearing. However, the university needs an immediate
ruling from the court to stop the calendar from being distributed,
Graham said.

David Lyons, another OSU attorney, earlier told Graham that
Ashbrook's roommate told him Wednesday that the calendar
publisher will not return from vacation until this weekend. Ashbrook
could not be reached by The Dispatch.

Graham scheduled another hearing for Thursday to decide whether
the restraining order should be extended beyond a week. Ashbrook
should have returned to Columbus and hired an attorney by then,
Graham said.

Dreitler told Graham that Ashbrook never applied to OSU for a
license to publish the calendar, even though the product displays many
items that are associated with and trademarked by the university.

For instance, the cover features a partially dressed woman carrying a
tuba and wearing a cap similar to those worn by the OSU Marching
Band, Dreitler said. Also, the woman is in Ohio Stadium, he said.

The woman is shown bending over in a pose similar to that used by
band members who dot the "i'' in Script Ohio during band
performances at football games in the stadium, Dreitler added.

Other women in the calendar are featured wearing OSU football shirts
and pants, carrying university football helmets and wearing OSU
baseball team caps and shirts, the attorney told Graham. Another
woman is lying on an OSU afghan rug, Dreitler said.

He acknowledged that the university has not trademarked the phrase
"scarlet and gray.'' However, scarlet and gray have been the official
OSU colors since 1878, he added.

Ashbrook intends to convey the false impression that the calendars
are endorsed and licensed by the university, Dreitler said. Nothing
could be further from the truth, he added.

"Ohio State University doesn't want its name and trademark
associated with this product,'' Dreitler declared.

Also, the university requires publishers and manufacturers who use
OSU trademarks to pay the university licensing fees, Dreitler said. If
Graham allows Ashbrook to be exempt from the licensing fees, other
business people will be reluctant to pay these fees, he added.

Pinup calendars won't be seen on anyone's wall after ruling
Friday, August 27, 1999
By Connie A. Higgins
Columbus Dispatch Staff Reporter

Sean Ashbrook's loyalty to Ohio State University means he won't be selling calendars of coeds on campus any time soon. U.S. District Court Judge James L. Graham issued a ruling yesterday that permanently forbids Ashbrook from selling the calendars, as well as any other materials that use the university's trademark.

A pinup calendar he created and planned to sell of scantily clad women who are Ohio State University students will be destroyed. "He is a loyal Buckeye and had no desire or intention to hurt the university,'' said Laurence E. Sturtz, Ashbrook's attorney. "He inadvertently crossed the line.'' Ashbrook and OSU officials yesterday signed a permanent injunction and agreement concerning the calendar.

Ashbrook, 32, of 486 Vermont Place also must discontinue a Web site that promotes the OSU calendar and turn over 5,000 calendarsalready made. He'll also turn in all photo negatives and other related materials within 10 days so they can be destroyed. Ashbrook, who could not be reached for comment, works in the public-affairs department at the Ohio Department of Health.
He is enrolled at OSU this fall and has attended Ohio State before.

Ashbrook is a photographer and president of Calendar Models of America.
OSU attorneys filed a lawsuit several weeks ago asking Graham to prohibit the calendars from being sold. They said the calendar, called Scarlet & Gray Girls, used words and items that are trademarks of OSU.

Graham issued a temporary restraining order to prohibit distribution of the calendar until a final decision was made. "The agreement speaks for itself. It simply recognizes that Ohio State University values its trademark rights and this case was put forward to enforce those rights,'' said Joseph R. Dreitler, an attorney representing OSU.

"I think this is in the best interest of everyone to have the matter resolved.'' Dreitler said Ashbrook never applied to OSU for a license to publish the calendar.
"Ohio State has 500 different entities (people and companies) that are authorized to use trademark license products,'' Dreitler said. "Anyone who would want to must be approved and licensed by the university.'' The calendar depicts partially dressed women with items associated with OSU.

For instance, one woman is lying on an OSU rug. Another photo features a woman carrying a tuba in Ohio Stadium and wearing a cap like those worn by members of the Ohio State University Marching Band. Other women in the calendar are wearing OSU football jerseys, carrying university football helmets or wearing OSU baseball caps.

Sturtz said Ashbrook had no idea he was doing anything wrong. He said Ashbrook had gotten props and clothing from the OSU athletic department. Ashbrook had successfully published a calendar with OSU men about five years ago, though it didn't use university props.

"He (Ashbrook) did not think this would turn into this kind of brouhaha,'' Sturtz said. "He will continue his photography business, but will pay more attention to licensed products.''