The Dallas Cowboys trademark infringement action against a youth football academy
Recently, the National Football League’s Dallas Cowboys filed an official action against two former players for trademark infringement. According to Forbes contributor Darren Heitner, the team filed an opposition with the Trademark Trial and Appeal Board against the players’ use of the Cowboys trademark logo and colors as well as the players’ subsequent attempt to register a trademark for the imitated images. Will the team be successful in winning their trademark infringement action?
The details of the action
The Cowboys submitted the action in opposition of the improper use of its registered trademarks by the Palmer Williams Group. According to a Law360 report, the company is a youth football academy launched by Sherman Williams and David Palmer. Dallas took issue with the duo’s use of the navy blue star logo, font style and the trademark navy blue, white and silver uniforms made popular by the NFL team. Furthermore, in its action, the Cowboys’ owners pointed to the fact that the team was called the “Pritchard Cowboys” as proof of an improper use of registered trademark images due to its intent to imitate the NFL franchise.
In its filing, the Cowboys also stated that it was concerned with the possible dilution of its brand as the result of the Palmer Williams Group’s use of its trademarked images. This could damage the Cowboys’ future business partnerships, sponsorships and license agreements. That could, in turn, result in reduced revenues from advertising, merchandise sales and services offered by the team.
Ultimately, the NFL team felt the Prichard Cowboys’ use of its trademarked images on its uniforms, hats, t-shirts and sweatshirts was profiting off of the goodwill of the Dallas Cowboys’ brand. This could also confuse the public as to any association, partnership or relation between the two entities.
The expected result of the opposition
While a formal ruling on the matter remains to be seen, the U.S. Patent and Trademark Office does not typically grant use or registration of trademarks that could confuse the general public over similarities. With this in mind, it appears the Dallas Cowboys will most likely win their action and force the Palmer Williams Group to change its team name, logos, uniform and apparel designs due to a threat of a lawsuit based on improper use of trademarked images and trademark infringement.
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Company Dissolved? Legal and Financial Consequences to Expect
A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
The Legal Implications of Signing a Triple Net Lease
A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Running a business in New Jersey and New York means operating within one of the most legally complex environments in the country. From the moment you form your company to the day you sell it, and every contract, hire, dispute, and transaction in between, business law is present in decisions that look, on the surface, […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
