...the Washington football team and the NFL might not lose much. First, the USPTO canceled the trademark registrations that involved the Washington name or combinations of its name and logo. The logo itself—the plain image of its mascot—wasn't at issue in the case. If some enterprising businessman made the mistake of slapping that profile onto a hat, the team could still probably sue. Meanwhile, individual player names are still protected. Nobody suddenly has permission to make RGIII jerseys.
So, in the worst of all possible worlds for the NFL, a few companies might be able to start producing Washington apparel without any logos or player names. Irritating? Yes. Disastrous? Probably not.
Then there’s the question of who would actually want to go into that business. As of now, the companies that want to produce pro-football-branded merchandise have to negotiate with the NFL for a collective license that covers all of the teams. (That
could change, however, depending on the outcome of a pending court case.) Any corporation that decided to go rogue and start selling unlicensed Washington gear would undoubtedly incite the NFL’s wrath. That might be fine for the odd guy with a stand selling T-shirts on the corner, but not, say, Nike.
“You’re talking about bandits here,” said Scott Rosner, associate director of the Wharton Sports Business Initiative at the University of Pennsylvania. “Anybody who tries to evade is going to fall in the bad graces of the NFL, and they’re not going to get a license.