Ball State University attorneys have threatened to take action against a man who maintains a Web site created to publish University Police Department records.
The Web site, www.bsupolice.com, is owned and operated by Michael Mullen of Columbus, Ohio. Mullen is a former Muncie resident and 1991 graduate of Ball State.
University attorneys sent Mullen a letter April 18 notifying him that his domain name was infringing on Ball State's intellectual property. The letter also said Mullen was in violation of state and federal law by using a trademarked image of Beneficence.
"It is essential to us as a university to protect our trademarks," university attorney Jon Moll said.
The letter said Mullen used the trademark "in a manner which causes consumers to be mistaken or confused about the source of origin or sponsorship of goods or services."
Mullen's Web site carries a disclaimer notifying readers it is not affiliated with the university.
"I don't think a reasonable person is going to assume this is coming from the university," Mullen said. "What I'm doing is considered fair use."
Moll said "fair use" rules do not apply to copyrights, not trademarks.
Mullen recently placed a black box over the trademarked image that reads "Censored." Benny's wings, however, are still visible.
Moll said the image is still being used illegally even though it is somewhat hidden.
Mullen said he created the site around Christmas out of curiosity. He said he was always curious about documents cited in the Muncie Star Press but never published in their entirety. So, Mullen created the site to make such documents available to the public.
"It's just one of those wacky things people do, I guess," Mullen said.
Mullen said he would be willing to comply with attorneys if they can convince him his site is violating trademark laws.
"I didn't mean to ruffle as many feathers as apparently I might have," he said.
Moll said the university has not given Mullen a deadline regarding the removal of the image.
"We'd just as soon avoid a lawsuit if we can," Moll said. "We'd like him to take (the image) down on his own volition, and that is what we anticipate will happen."
Mullen said he has a right to maintain the current domain name, and Moll agreed it would be difficult to take legal action against the use of the domain name.
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