URBANA - The fight over Chief Illiniwek stepped up a notch Friday as the creator of the controversial symbol sought an injunction against the University of Illinois to force the university to stop using the logo he created more than a quarter of a century ago.

Jack Davis is being represented by Urbana attorney Robert Auler in the lawsuit brought against the university in U.S. District Court in Urbana. Named in the suit are the Board of Trustees of the University of Illinois and Chancellor Richard Herman.

"Jack wants to preserve the availability of the logo for use by the real fans, including myself," Auler said in a telephone interview.

The board of trustees called for the "immediate" cessation of using the Chief logo on March 13 and left the disposition of the symbol in the hands of Herman, who Auler says has permitted continued production and sale of merchandise. The university has said it plans to retain ownership of the logo, which Davis claims the university has never owned.

A message left for Herman on Friday evening was not immediately returned.

The board of trustees terminated the use of the symbol for athletic programs under pressure from the National College Athletic Association after the organization deemed Illiniwek an offensive use of American Indian imagery and barred the school from hosting postseason athletic events.

In the court filings, Davis claims that the university informally licensed the artwork from him in a verbal agreement in 1980. Davis' claim is backed by an affidavit included in the court documents from Vance Redfern, an associate athletic director at Illinois at the time the logo was created.

Redfern's affidavit says that in late 1980, he and Davis discussed the creation of single symbol to represent the various sports programs. "The design was powerful and I agreed with Mr. Davis that if it was accepted ¦ for use as the symbol of the athletic programs, that we would use it without further payment to him," the affidavit says. "But we also agreed that if it was rejected or discontinued, the face-logo would revert to him."

"Jack permitted them to use the logo so long as it was used as the symbol of the athletic teams," Auler said. "We don't see how they university can maintain any trademark claim of the Chief or the logo. We have asked for the return of the symbol to its rightful owner."

William Payne can be reached at william.payne@mchsi.com.