In time for Sunday’s “Big Game,” NFL Properties LLC, New England Patriots LLC, and Philadelphia Eagles LLC have filed suit in federal court in Minneapolis seeking to obtain a restraining order forbidding professional counterfeiters from selling merchandise bearing protected trademarks. Such an order would permit law enforcement to seize any and all counterfeit goods. A trademark is any word, name, symbol, device, or any combination thereof, used or intended to be used to identify or distinguish the goods or services of the owner from those of others. The NFL not only owns the rights to the term “Super Bowl” but also to “Super Sunday” and other “Super” phrases. Similarly, Eagles running back LeGarrette Blount has trademarked “Blount Force Trauma” and Patriots tight end Rob Gronkowski has the rights to the word “Gronk.” Trademark infringement occurs when a likelihood of confusion exists, that is, when a consumer is likely to be confused or deceived as to the source of the goods or services provided by alleged infringers. Named defendants include primarily large-scale counterfeiting companies that do not hold a license to market and sell such products. The NFL does allow some 180 companies to officially use trademarks and logos on clothing and other products. One may obtain a license to use such marks and logos by simply submitting a 36 page application along with an agreement to pay royalties starting in the six figure per year range. Instead, many companies have avoided the issue entirely by using alternative phrases such as “Big Game” and “Birds” in place of official NFL marks, “Super Bowl” and “Philadelphia Eagles.” #omnilegalgroup #trademark #NFL #SuperBowl #Patriots #Eagles
January 31, 2018