News & Analysis as of

Football Trademarks

Haynsworth Sinkler Boyd, P.A.

What to Look for this College Football Season: NIL Transparency and Athlete IP Rights

As college football season begins, the spotlight is not just on the games, but now it is also on the changing business landscape of college sports. As discussed in our previous blog, the House v. NCAA settlement that was...more

Foster Garvey PC

Don't Get Benched: 5 Rules for a Winning Super Bowl Campaign

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With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more

Proskauer Rose LLP

Three Point Shot - July 2024

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12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more

Quarles & Brady LLP

The Blue Turf of Boise State: On “Service” Dress and the Creation of Source Identification

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As we’ve written about in prior posts, it’s possible under U.S. trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services....more

Fox Rothschild LLP

When Football & TMs Don’t Mix

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Anyone who’s followed this blog knows that I’ve done a few (really more than a few) posts about the evolution of the Washington football team’s trademark battles. As a reminder, after ultimately winning its trademark fight to...more

Foster Garvey PC

Planning a Super Bowl Marketing Campaign? 5 Quick Tips for Staying in Bounds and Avoiding Disqualification

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With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more

Fox Rothschild LLP

Trademark Dispute Involving Washington Commanders Could Be Forthcoming

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This Sunday, the Washington Commanders are set to introduce their new mascot, which the team has indicated will either be a hog or a dog. The former, however, may lead to a trademark dispute between former Washington players...more

Rivkin Radler LLP

A (Potential) Hog Wild Trademark Dispute

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The phrase “waiting all day for Sunday night” is usually associated with football. But this Sunday, it may be associated with something entirely different — a potential trademark dispute. After years of fighting over its...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Judge Throws a Flag on the Play in USFL IP Litigation

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Judge Throws a Flag on the Play in USFL IP Litigation

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. ...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States...

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between the original USFL and Fox, over the network’s attempt to revive the football league. ...more

Foster Garvey PC

Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds

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With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more

Foley & Lardner LLP

The Washington TBDs: Has a Trademark Hog Muddied the Washington Football Team’s Name Change Plans?

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After decades of mounting pressure from Native American groups, fans, activists and even corporate sponsors, the NFL’s Washington Redskins recently announced that it would be changing its team name and logo after 87 years of...more

Jaburg Wilk

Trademark Trolls Circling Redskins Unlikely to See Big Pay Day

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For decades, the Washington Redskins’ name has been the center of controversy, both in federal court and in the court of public opinion. Native American groups have long decried the name as a racial slur and have challenged...more

Weintraub Tobin

After Nearly 30 Years of Controversy, the Washington Redskins Will Retire the Redskins Team Name and Trademark

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On Monday, July 13, 2020, the ownership group of the Washington Redskins (the “Team”) announced that it will abandon the Redskins team name after nearly 30 years of controversy. The decision, despite what the Team says, is...more

Dorsey & Whitney LLP

Washington Football Team to Change Its Name: Some Lessons on How Not to Get Sacked

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The Washington, D.C. professional football team recently announced plans to cease using the name “Redskins” in favor of a new name. The “Redskins” name has been the source of both cultural and trademark conflict through the...more

Proskauer Rose LLP

Three Point Shot - October 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Proskauer Rose LLP

Three Point Shot - August 2018

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In Three Point Shot, we will attempt to both inform and entertain you by highlighting three sports law-related items and providing you with links to related materials. We hope you enjoy this and future issues. Any feedback,...more

Proskauer Rose LLP

Three Point Shot - March 2018

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Can a High School Football Coach Say a Hail Mary after a Hail Mary? High school football coach Joseph Kennedy was not instructing his quarterback to take a knee in victory formation to run down the clock. Instead, in an...more

Ladas & Parry LLP

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

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On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

McAfee & Taft

Gavel to Gavel: Scandalous and immoral (trademarks)

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Since 1946, federal law has prohibited registration of scandalous, immoral and disparaging trademarks. This summer, the U.S. Supreme Court found the prohibition on disparaging trademarks to be unconstitutional, creating...more

CMCP - California Minority Counsel Program

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more

Weintraub Tobin

The First Amendment Protects The Trademark Registrability Of THE SLANTS And THE WASHINGTON REDSKINS Irrespective Of Political...

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In 2014, the Washington Redskins lost a battle before the Trademark Trial and Appeal Board (“TTAB”) where the petitioner, a group of Native American activists, sought cancellation of the “Washington Redskins” trademark, which...more

Proskauer Rose LLP

Three Point Shot - June 2017

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"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

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