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NFL/Steelers crack down on knockoffs!
Posted on 30. Jan, 2011 by briankoeberle.
Recently, the Pittsburgh Post-Gazette reported on a case in federal court filed by the NFL and the Pittsburgh Steelers against a local sportswear company. The league and team took action agaisnt Turtle Creek Sportswear, claming the company was in contempt of court for violating a previous court order against the company. In 2005 the company entered into a consent agreement not to sell clothing that was a “knockoff” of official Steelers merchandise. The team and NFL had originally sued the firm for selling products such as “Big Ben #7″ caps in black and gold. Recent investigation by the Steelers and the NFL alleged that the company was again selling merchandise with slightly altered versions of the Steelers logo, as well as versions of players names and uniform numbers.
“Knockoffs” or unlicensed sports products are a big problem for the various sports leagues and teams, and they are taking a hardline approach to companies that they believe are infringing on their trademarks. But are the leagues and teams going a bit too far? The leagues and teams have the right (and in fact an obligation under trademark law) to police and enforce their trademark rights, even if it means suing a small t-shirt company. No one would question the Pittsburgh Steelers right to prohibit unlicensed usage of its logo or team name. But do the teams control the colors of their uniforms, or the numbers on the back of jerseys, or their players’ nicknames? And how about catch phrases such as “Steel Curtain”, or “City of Champions”, or “Dawg Pound”, or “Titletown”?
I always advise my clients to take a conservative approach when developing sports products to make sure they are not infringing upon any intellectual property rights. For instance, I had a client that wanted to create a steak sauce with Pittsburgh Steelers wide receiver Hines Ward. They originally wanted to call the product “Hines 86 Sauce”. I counseled them that the name was too similar to “Heinz 57 Sauce” owned and marketed by the H.J. Heinz Company. In the end they decided to call the product “Hines Ward’s 86 Sauce”. Better sometimes to play it safe then to end up in court fighting an entity like the NFL or a muti-national corporation.
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Reflections on our Founding Fathers
Posted on 27. Oct, 2009 by briankoeberle.
A recent trip to Washington, DC has me reflecting on the wisdom of our founding fathers. As we toured the World War II, Korean, and Vietnam war memorials, I was reminded of John Adams’ quote that “great is the guilt of an unnecessary war.” Surely most Americans would agree that World War II was not an unnecessary war, but truly a struggle against evil. But can the same be said of the Korean and Vietnam wars? Or even today, of the Iraq war? Viewing the names of all the Americans killed in action on the Vietnam War Memorial is sobering and disturbing to say the least, but necessary if only to be painfully and sadly reminded of the true cost of war.
Seeing the Thomas Jefferson Memorial upclose reminded me of what a great man he was, for it was Jefferson who said that “if a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.” Jefferson was also quoted as saying that “every generation needs a new revolution.” Certainly the 1960′s saw a revolution in American culture, politics, and personal liberty, but has there been a true revolution in this country since? And who are our revolutionaries today, fighting for the same principles enunciated by our founding fathers so many years ago? It was encouraging to see that on the same day we arrived into DC, a group was conducting a peaceful march on Capital Hill.
As great a man as Jefferson was, I have a hard time reconciling his elegant, yet forceful prose on liberty and democracy with his own personal ownership of slaves. It would take another great man, Abraham Lincoln, to reconcile this conflicting view on freedom. As I gazed upon the majesty that is the Lincoln Memorial, I recalled Lincon saying “as I would not be a slave, so I would not be a master. This expresses my idea of democracy. Whatever differs from this, to the extent of the difference, is no democracy.” Even more to the point, Lincoln was known to have said that “whenever I hear anyone arguing for slavery, I feel a strong impulse to see it tried on him personally.”
And what would a trip to Washington, DC be without seeing the Washington Monument. Certainly DC’s most imposing piece of architecture, it was the father of our country who reminded us that “if the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”
Our current leaders would be wise to pay heed to the words and actions of our founding fathers. Certainly they were not without their own flaws, but they were true leaders during times of great struggles and challenges, and who remained steadfastly true to their convictions and the pursuit of freedom, liberty and democracy for our great nation.
Lastly, as I watched my 9-year old son fixated with his new Nintendo DSI during the drive to Washington, I was reminded that Jefferson was also quoted as saying “I cannot live without books.” In this digital age, we would be wise to instill a passion for reading into our nation’s youth. However, those of you who are parents will relate to my observation that Nintendo makes a long drive with a 9-year old much more tolerable. I may be a lover of books, but I am also a realist!
