The DA 02-18-2011

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THE DAILY ATHENAEUM

“Little good is accomplished without controversy, and no civic evil is ever defeated without publicity.”

da

Friday February 18, 2011

VOLUME 124, ISSUE 103

www.THEDAONLINE.com

WVU trademark used without consent Logo featuring pistol, flying WV ordered removed BY DEVON UNGER STAFF WRITER

A South Carolina company was ordered to remove a photo from its website featuring pistols with WVU trademarks. HardCorps Custom Weaponry specializes in creating customized protective coatings for guns. Until Wednesday, the

company featured a photo of two blue and gold pistols with the Flying WV logo on the grip and the word “Mountaineers” written on the barrel. Marsha Malone, WVU Director of Trademark Licensing Services, said she was notified of the photos by a WVU alumnus who stumbled across the photo. Malone said when a possible infringement is found, WVU forwards the information to their licensing agent. “The Collegiate Licensing Company, and CLC sends a cease and desist letter to the company.” Malone said. “A cease and desist letter is a no-

tice to the company that their unauthorized use of the WVU trademarks constitutes trademark infringement and they must stop.” Brent Morton, owner of HardCorps Custom Weaponry, said this incident was the first in which he had to deal with licensing issues. In the past, his company has received requests for certain color schemes. He removed the blue and gold protective coverings after receiving an e-mail from the CLC, he said. Malone said if a company refuses to comply with trademark law, the University would then

consider filing a lawsuit or taking other forms of legal action. Certain uses of trademarks may be allowed if they constitute “fair use” under section 107 of the Copyright Act of 1976. “Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship and research. “The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines or notes that may safely be taken without per-

mission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission,” Malone said. Section 107 lists four factors that should be considered when determining if something is fair use or infringement. “The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, the effect of the use upon the

potential market for, or value of, the copyrighted work,” she said. Jim Aronowitz, associate general council for the CLC, said the company handles each infringement claim on a caseby-case basis. “We address a lot of infringement issues on behalf of West Virginia and many of the other institutions we represent,” Aronowitz said. “Generally speaking, the first step in addressing these issues is sending a cease and desist letter. Then following up to try to come to a resolution that satisfies the

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Produce helps beat ‘Winter Blues’ Drinking dangers addressed by former student by charles young staff writer

Customers browse through locally grown vegetables and jams at the Winter Blues Farmers Market at Lakeview Resort Thursday afternoon.

Chelsi Baker/THE DAILY ATHENAEUM

Lakeview Resort hosts annual winter Farmers Market BY DEVON UNGER STAFF WRITER

Apple butter, beef, worm castings and wine: all under one roof. The Winter Blues Farmers Market at Lakeview Resort and Conference Center Thursday gave farmers from across the state a chance to sell their products at a time when most farmers markets are closed. “We’re the state association of farmers markets, and we’re trying to show what can be done with farmers markets. So having one in the middle of winter is kind of cool,” said Susan Sauter, president of the West Virginia Farmers Market Association. Sauter said this is the third year the event has been held and the second year it has been at Lakeview. The event is held at the same time as the West VirChelsi Baker/THE DAILY ATHENAEUM ginia Small Farm Conference, Assorted sauces and dressings made at the WVU Jackson’s Mill Farmstead are on display held by WVU Extension Serand available for sale at the Winter Blues Farmers Market Thursday at Lakeview Resort. vice’s Small Farm Center.

“It’s another event completely, but we collaborate with the WVU Extension Service, and they host their small farm conference. So, the idea when we first started this was, let’s be really efficient for the farmers’ sake and maybe piggyback,” Sauter said. “Have them bring things to the small farm conference, and have the Winter Blues be the first event that our organization hosts. Then they would be there, stay overnight and then attend the workshop by the other organizations.” For the first time, the market will allow customers to use electronic forms of payment, such as debit cards or electronic benefits transfer cards. Sauter said they borrowed the South Morgantown Community Farmers Market’s machines to make this possible. She said one main goal of the event is to help farmers at a time when business is

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Research says golden eagles will stay in W.Va. by emily spickler staff writer

Research done by a West Virginia University professor has shown that more golden eagles spend their winter in West Virginia than anywhere else east of the Mississippi River. Research assistant professor of wildlife and fisheries resources Todd Katzner has been studying golden eagles for approximately five years. “I got started doing this study because I was interested in how

migratory golden eagles might be impacted by wind energy,” he said. The migratory season of the golden eagles begins, in approximately October, where the birds depart from Quebec, Ontario and Labrador, Canada. The eagles begin their wintering season in West Virginia around November and leave in mid-to-late February, he said. Kieran O’Malley, a district biologist at West Virginia Division of Natural Resources, said his interest in the research was

60° / 35°

PLAY IN A DAY

INSIDE

The WVU Theatre group will produce 3 plays in 24 hours. A&E PAGE 11

A.M. SHOWERS

News: 1, 2, 3 Opinion: 4 Sports: 5, 7, 8, 9 A&E: 10, 11, 12, 14 Campus Calendar: 6 Puzzles: 6 Classifieds: 13

sparked when he was a part of rehabilitating an injured golden eagle. “We saw many more golden eagles at the release site,” he said. These birds are tracked all throughout the state with 20 different camera stations and individual GPS telemetry tags, Katzner said. “We have stations near Morgantown, quite a few in the Monongahela National Forest,

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submitted

The Golden Eagle population has increased over time in West Virginia.

THE DA IS HIRING WRITERS Inquire about paid positions at The Daily Athenaeum at DA-editor@mail.wvu.edu or pick up an application at our office at 284 Prospect St.

CONTACT US Newsroom 304-293-5092 or DAnewsroom@mail.wvu.edu Advertising 304-293-4141 or DA-Ads@mail.wvu.edu Fax 304-293-6857

INSIDE THIS EDITION The West Virginia women’s basketball team tries to get back on track against Pittsburgh Saturday. SPORTS PAGE 8

One night of drinking and one bad decision left a former West Virginia University graduate unable to speak, eat or use his left hand. Michael Wojcik spoke to an audience of more than 1,000 students Thursday night about his drinking and ATV incident. Michael’s injuries left him unable to speak, so he spoke to the audience through his father Richard Wojcik. “I am here today to lend my voice to son Michael,” Richard said. “While I talk to you, I want you to visualize that it is actually Michael speaking, and the words are coming out of his mouth.” In the summer of 2008, Michael, who had been a former

Division 1 wrestling champion while at WVU, received news he would begin working in the fall at his dream job, teaching health and physical education classes at his old middle school. To celebrate the news, Michael and his friends went out drinking. “I jumped onto an ATV with my friend, who had been drinking, and cruised off into the woods,” Michael said, through his father. He said his friend swerved and crashed, throwing Michael head first into a nearby tree. Michael suffered from extensive head trauma, which lead to the rupture of two arteries in his brain, subsequently causing him to have two strokes and to fall into a

see speaker on PAGE 2

Mallory Bracken/THE DAILY ATHENAEUM

Students watch while Michael Wojcik and his father, Rick, present their story that deals with the dangers of alcohol consumption in the Mountainlair Ballrooms Thursday evening.

Warm weather brings students outdoors BY LYDIA NUZUM CORRESPONDENT

For students at West Virginia University, the month of February is usually defined by heavy jackets, hot drinks and central heating. A recent round of warm weather, with temperatures reaching nearly 70 degrees Thursday, has many students eager to venture outdoors to reacquaint themselves with the outside world. Some gathered to drink beer on their porches, play a game of football in the street or simply go for a stroll around campus. “I’m definitely happier now that it’s sunny outside. The warm weather is definitely a lot nicer,” said Lizzy Howells, a freshman business major. Michelle Matson, a sophomore psychology major, thinks the warm weather has students feeling more positive. “It definitely makes people

feel a lot better,” Matson said. “It makes people want to come outside, and things start bustling again.” Many students were active on campus Thursday by either playing sports on the Mountainlair Green or socializing in the sunshine. “I’m excited. I play ultimate frisbee on Thursdays behind the ’lair, and we’re starting that back up,” said Caitlin Webster, a junior English major. Pedestrian traffic picked up on both the Downtown and Evansdale campuses, as students were more eager to be in the sun. “I think everyone’s much happier when it’s warm,” said Steve Welhaf, a freshman computer science and forensics major. “I saw a guy earlier with a beer and a guitar. It looked like a good time.” Many students said they were excited to start wearing

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WVU NEEDS SOME LUCK The West Virginia men’s basketball team has been in a slumb, but No. 8 Notre Dame comes into the WVU Coliseum Saturday riding high. SPORTS PAGE 5


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