fgoodwin
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How 'Bout Them Cowboys: Dallas Cowboys Win Summary Judgment In Trademark Action Against America's Team Property, Inc.
April 2, 2009
Who is America's Team? Well, I did a Google search, and the first thing that came up was the Wikipedia entry for America's Team, which starts with the sentence, "The term America's Team is a popular nickname in American sports that most often refers the Dallas Cowboys of the National Football League." The second thing that comes up is the official website of the Dallas Cowboys. And now, unsurprisingly, a judge in the United States District Court for the Northern District of Texas has (partially) agreed.
In Dallas Cowboys Football Club, Ltd. v. America's Team Property, Inc., 2009 WL 819394 (N.D. Tex. 2009), a Minnesota company called America's Team Properties owned rights to a 1990 registered trademark covering the use of the phrase "America's Team" on clothing. In 1999, the company began nudging the Cowboys to buy the registered mark. It ran an ad in USA Today, claiming it planned to hold an auction to sell the mark, with bids beginning at $500,000. It later contacted the Cowboys in 2003, offering to sell the mark for $400,000 and began sending cease and desist letters to Cowboys licensees. The Cowboys and NFL Properties, LLC responded, not by buying the mark, but by bringing an action alleging that the defendant's actions infringed their common law rights in the trademark and their state trademark registration.
Specifically,
Perhaps in an attempt to avoid the appearance that he is such a big Cowboys homer that he even thinks that Wade Phillips is a good coach, presiding judge Ed Kinkeade noted in dicta:
[excerpted]
April 2, 2009
Who is America's Team? Well, I did a Google search, and the first thing that came up was the Wikipedia entry for America's Team, which starts with the sentence, "The term America's Team is a popular nickname in American sports that most often refers the Dallas Cowboys of the National Football League." The second thing that comes up is the official website of the Dallas Cowboys. And now, unsurprisingly, a judge in the United States District Court for the Northern District of Texas has (partially) agreed.
In Dallas Cowboys Football Club, Ltd. v. America's Team Property, Inc., 2009 WL 819394 (N.D. Tex. 2009), a Minnesota company called America's Team Properties owned rights to a 1990 registered trademark covering the use of the phrase "America's Team" on clothing. In 1999, the company began nudging the Cowboys to buy the registered mark. It ran an ad in USA Today, claiming it planned to hold an auction to sell the mark, with bids beginning at $500,000. It later contacted the Cowboys in 2003, offering to sell the mark for $400,000 and began sending cease and desist letters to Cowboys licensees. The Cowboys and NFL Properties, LLC responded, not by buying the mark, but by bringing an action alleging that the defendant's actions infringed their common law rights in the trademark and their state trademark registration.
Specifically,
[t]he Cowboys assert[ed] the team has used "America's Team" as a service mark and trademark since 1979. The term was first used in commerce that year as the title of the Dallas Cowboys' 1978 season highlight film. The term was coined by Bob Ryan, an executive at NFL Films, working with Doug Todd, the Cowboys' public relations director. The name stuck, and the Cowboys actively encouraged its use to promote the team. The Cowboys allow sponsors, promoters, and charities to use the term in promotions.
Perhaps in an attempt to avoid the appearance that he is such a big Cowboys homer that he even thinks that Wade Phillips is a good coach, presiding judge Ed Kinkeade noted in dicta:
To be clear, the Court does not hold that the Dallas Cowboys are "America's Team" or that the organization necessarily has any more claim to the title than the Pittsburgh Steelers, Green Bay Packers, New York Yankees, Atlanta Braves, Notre Dame Fighting Irish, 1980 Olympic hockey team, or any other broadly popular team. The Court does find, however, that the Dallas Cowboys have trademark priority over Defendant with respect to the term "America's Team."
[excerpted]
Im sooooo sick of steelers fans saying theyre really "Americas Team"
