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Wal-Mart and Walgreens at odds with Johnson City's Science Hill High School over sale of clothing emblazoned with school name

 

Beth Williams helps 2-year-old Lexi Reid find a SHHS baseball cap at the Science Hill booth at Memorial Stadium. Lee Talbert photo.

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National retailer Wal-Mart isn’t scoring any points with Science Hill High School athletics these days, thanks to its refusal to quit selling T-shirts, sweatshirts and other SHHS merchandise despite written requests from the school system.

It’s a practice that has occurred for a couple of years now, and one that Science Hill’s athletic director and others say detracts from an important fundraising component for the school.

“I just feel like we’re being taken advantage of,” Athletic Director Keith Turner said.

He said proceeds from sales of SHHS merchandise — which is available at games and also at a campus bookstore, “The Locker” — go to athletic department needs in the case of game sales and general school needs in the case of bookstore sales.

Beth Williams, a teacher who coordinates the sales at ballgames, said that in a good year, profits (all the workers are volunteers) can put more than $10,000 into athletic department coffers.

Those funds have helped pay for everything from locker room improvements at Freedom Hall Civic Center and senior nights for teams to state championship rings and diesel to help get last year’s baseball team to the state tournament.

“There are two sides to every story, and I’m thrilled to see so many people in Science Hill shirts, but I’m sure they don’t realize that the profits if they buy from The Locker of the sports club go back to Science Hill,” Williams said. “I think a lot of them, if they knew, would say ‘Hey, I’d rather buy from the school.’ ”

School attorney Lee Herrin has sent letters to Wal-Mart and Walgreens, which also has begun selling the gear, but said she has not heard back from the stores. She said Tuesday she did hear from an apparel manufacturer.

“They said, ‘You need to send us a copy of your license,’ ” Herrin said. “I basically explained to them that that’s not how it worked. We own the mark and the brand, and we don’t have to prove anything to them — they have to prove to us they have the right to sell it.”

Herrin said she isn’t sure whether the school system would go to court over the practice. Her second letter to Wal-Mart, sent in July, references Science Hill contacting Wal-Mart last November over the issue and Wal-Mart subsequently stopping the sales then resuming them.

“Please immediately cease and desist the sale and/or distribution of any products and clothing which display the name or logo of any Johnson City school, including Science Hill High School,” the most recent letter states.

The letter to Walgreens’ district manager informs the chain that school board and system approval is required “before any agency, business or individual can use the name or logo of any Johnson City school for profit or in any promotional manner.”

Asking permission was exactly what another national retailer, Kroger, did last year, Turner said.
“They called us and were willing to work out a financial agreement where some money would come back to our programs,” Turner said of Kroger.

The school system decided to keep the merchandise sales inhouse, though, and Kroger honored that decision, Turner said.

Profits also stay in the community because a local small business, Horton Sports Plus, finishes the apparel with logos for the school system. Gear found this week in a local Wal-Mart store had been produced by Pel Industries Inc., of Rogers, Ark.

When reached by phone on Tuesday, officials with Wal-Mart’s media relations did not comment on the situation.

While Herrin was confident of the school system’s legal claim, she admitted taking the issue to court would be an expensive proposition.

“I’m not a copyright lawyer, and we’d probably need to hire someone if we were going to pursue this,” Herrin said.

Science Hill isn’t alone. Area Wal-Marts carry a variety of high school merchandise, and a Spokane, Wash., television station reported Friday about a similar situation in the suburb of Cheney. The story noted Washington’s Interscholastic Athletics Association encourages schools to trademark their names with the secretary of state, though most have not.

Turner said the money involved may represent a drop in the bucket to Wal-Mart, but it’s significant as schools cope with tight budgets and rising prices.

“High school athletics is very expensive, and we have 75 different teams in grades 7 through 12, so to us it’s huge,” Turner said.

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Greetings from far away Cheney, Wash. where I just published a lengthy article in the Cheney Free Press on similar Wal Mart practices here in the northwest. With us it is not just one but possibly dozens of regional schools in Eastern Washington (Spokane area) that have had their sales compromised. I was not a die-hard anti Wal Mart person before researching and writing this piece (which you can read Fri. at: www.cheneyfreepress.com) but I have serious reservations about the company now. Hopefully stories like mine and the one Jeff Keeling have written open the floodgates and make Wal Mart own up to the fact that they have few scruples or morals for having been born in the heart of small-town America.

Paul Delaney | 9/11/2008 - 2:47 PM - (Suggest Removal )

I don't understand why more people don't support their local schools instead of supporting a mass retailer such as Wal-mart. Wal-mart is not selling these shirts to do you a favor- they are selling them just below what the school sells them for just to make a profit. Wal-mart buys these poor quality shirts in bulk (most likely for pennies from China) Someone mentioned Nazi's, but if you really knew all the behind the scenes practices of Wal-mart then maybe you would rethink your position. I agree that Wal-mart should offer the school half of the profits, but I also guarantee (having family members who work in management for wal-mart) that they will NEVER do this. They do not do anything to benefit the community.

Shana Davidson | 9/11/2008 - 11:30 AM - (Suggest Removal )

in regards to ashlee's comment if the schools would not charge so much to purchase the items then maybe wal mart would not sell them. the clothes at wal mart are not of quality like the school but if thats all the people can afford then we should have the right to choose were we buy the clothes we decide to wear. i dont think its walmart fault at all i think its just another excuse to get more money because thats what everybody is worried about

brandi roller | 9/10/2008 - 11:58 PM - (Suggest Removal )

I think this should take care of Science Hill's Money problem. ;-)

Stephen Orr Spurrier (born April 20, 1945 in Miami Beach, Florida) is a former American football player and currently the head coach of the University of South Carolina football team. Spurrier was a multi-talented athlete in high school starring not only in football but also baseball and basketball at Science Hill High School in Johnson City, Tennesse.Two days prior to South Carolina's 2006 season opener, Spurrier announced that he would kick off the athletics department's capital campaign with a $250,000 donation over five years. Spurrier received a contract extension through 2012 and a raise from $1.25 million to $1.75 million annually......... The school should work some deal with Walmart to get a portion of the profit.

Mike Dixon | 9/10/2008 - 9:42 PM - (Suggest Removal )

Most schools offer shirts to students at discount prices usually around $10-$15. If you purchase the shirt at Walmart for $8-$10, then you are not saving much after you pay the sales tax. That is the problem. . .. now a days people think that they have to buy everything at Walmart because they can't afford it anywhere else. I agree with Ashlee, that all the schools should pull together and sue Walmart. It is time for someone or something to stand up to them.

Jeana Bradford | 9/10/2008 - 4:24 PM - (Suggest Removal )

I checked into this and unless a schools name and logo are trademarked then Walmart has all right to sell merchandise with the schools name and logo on it. I for one can;t afford what they sell the shirts and sweatshirts for at the ball gmes so buying them at walmart is the only way some kids can wear school t-shirts,sweats and hats.If you can buy at the school then go for it, some of us have no choice

Stacy Barton | 9/10/2008 - 2:16 PM - (Suggest Removal )

This is really pathetic of Walmart, they don't need the proceeds of these items, the school does. I know I've seen Sullivan County and Kingsport City school merchandise for sale in Kingsport Walmarts. I say there should be a huge lawsuit, all the schools should sue Walmart.

lisa shuffler | 9/10/2008 - 12:24 PM - (Suggest Removal )

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