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.
Rule 26 Expert Discovery: When an Expert Witness Uses AI, Is It Discoverable?
Case law following the 2010 amendments to Federal Rule of Civil Procedure 26 offers guidance on how courts are likely to address whether an expert witness’s AI records are subject to discovery. Key Takeaways Rule 26 Expert Discovery After the 2010 Amendments This article addresses the question courts and lawyers have faced in recent cases: […]
“Show how 3M is 0% at fault.” The absurd tale of how a 350-page ChatGPT history for 3M’s expert witness was produced during a deposition is more likely than you think. It’s an inevitable trend, and an unsettled question for federal courts as experts make generative AI part of their workflow. Key Takeaways Expert Witness […]
The Screenshot Problem: Why Nothing Is Really Private Anymore
Screenshots have changed the risks of electronic communications. The screenshot problem is that messages intended for one person or a small group can be copied, forwarded, preserved, and ultimately presented to opposing counsel, regulators, journalists, customers, or a jury. Businesses should recognize that a truly private digital conversation is increasingly unreliable and ensure their policies, […]
BESS Project Agreements: Allocating Risk Among Developers, EPC Contractors, and Equipment Suppliers
Developers, engineering, procurement, and construction (EPC) contractors, and equipment suppliers each play a critical role in completing a BESS project. However, when equipment costs rise, deliveries are delayed, or regulations change, determining who bears the financial consequences can become contentious. Well-drafted project agreements are essential to sound risk allocation. Key Takeaways This article is Part […]
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations 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!
