06-11-2008, 10:33 PM
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#15
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#HTownTakeover #YWCF
OVR: 27
Join Date: Jul 2002
Location: Houston, TX
Posts: 15,576
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Re: New lawsuit against EA!!!
I have some bad news for these guys-a federal court ruled last year that exclusive licenses granted by the NFL do not constitute an antitrust violation.
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Background
"American Needle, Inc. v. New Orleans Louisiana Saints, No. 04 C 7806, 2005 WL 1126537 (N.D. Ill. May 5, 2005)"
For many years, the NFLP licensed American Needle and other clothing manufacturers to use NFL teams’ trademarks on hardware and apparel. In December 2000, however, the NFL, NFLP and NFL team owners decided to change their licensing practice of granting multiple trademark licenses. Under the new arrangement, the NFLP would enter into an exclusive licensing agreement with one company for the manufacture, sale, and distribution of headwear and apparel carrying the trademarks of the NFL and its member teams. Subsequently, the NFLP entered into an exclusive licensing agreement with Reebok. American Needle’s trademark license with NFLP expired in March 2001 and was not renewed.
American Needle brought an antitrust action against the NFL, the individual owners of NFL teams, the NFLP, and Reebok alleging that defendants’ agreement to grant an exclusive license for the use of NFL teams’ trademarks on headwear and apparel constitutes an unlawful restraint of trade in violation of Section 1 of the Act. |
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http://www.chicagoiplitigation.com/t...erican-needle/
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Posted on July 24, 2007 by R. David Donoghue
Am. Needle, Inc. v. New Orleans Louisiana Saints, __ F. Supp.2d __, 2007 WL 2042764 (N.D. Ill. Jul. 11, 2007) (Moran, J.).
Judge Moran granted defendants, the NFL, NFL Properties and each of the thirty two teams (collectively the “NFL”) as well as Reebok International, Ltd. (“Reebok”), summary judgment on plaintiff’s Sherman Act antitrust claims, finding that the NFL acts through NFL Properties as a single entity for IP licensing purposes. For more than twenty years, NFL Properties licensed plaintiff to use various trademarks on its headwear. Plaintiff filed this suit after NFL Properties entered an exclusive license with Reebok, ending plaintiff’s license rights. Plaintiff argued that the NFL teams collectively, as well as in concert with Reebok, violated the antitrust laws by acting together through NFL Properties to license their collective intellectual property rights exclusively to Reebok (plaintiff argued that the NFL did not violate antitrust laws when it licensed to numerous parties, including plaintiff, through NFL Properties). But the Court held that licensing coordination between the NFL and its teams was equivalent to coordination between a corporation and its wholly-owned subsidiary. Because the Supreme Court treats corporations and their wholly-owned subsidiaries as single entities, there could be no conspiracy and no antitrust violation. |
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Last edited by coogrfan; 06-11-2008 at 10:36 PM.
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