Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 18, 2016
The Firm
201-896-4100 info@sh-law.comRecently, 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 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.
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.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!