Washington Redskins:
One of our partners represents the Washington Redskins in the long running challenge by six Native American petitioners, alleging disparagement to the Redskins’ federal trademark registrations. In a little used “de novo” appeal to the D.C. District Court, we succeeded in overturning an adverse decision by the Trademark Trial and Appeal Board by proving that the Board’s decision was not based upon substantial evidence, and that the petitioners were guilty of laches. The Redskins’ trademark registrations have been under attack since 1992, but they remain registered today, and our lawyers have litigated the cases all the way.
Green Bay Packers:
One of our partners represented the NFL and the Green Bay Packers in a trademark infringement and trade secret case against a company that had obtained publicity rights from various Packers players to use their names and numbers on football jerseys. Notwithstanding that the defendant had obtained those rights from the players, because it had not received approval from our clients, the jury in Milwaukee rendered a verdict in our favor, which was upheld by the Seventh Circuit.
Baltimore Ravens:
One of our partners defended the NFL and the Baltimore Ravens against claims, in the billions of dollars, of copyright infringement, brought by an amateur artist regarding the Ravens’ helmet logo. After the jury had found for the plaintiff on liability, we were brought in to try the damages case. We obtained a jury verdict of zero damages by persuading the jury that the logo infringed did not drive any revenue generating activity but, rather, such large revenues were solely the result of the inherent power of the NFL brand and the sport itself. The verdict was affirmed by the Fourth Circuit, and the Supreme Court denied certiorari.
Cleveland Browns:
In a dispute that had hounded the Cleveland Browns for over a decade, the Court granted the Browns’ and NFL’s motion for summary judgment, finding that the Browns have priority of use over an apparel company in the trademark the “Dawg Pound.” The decision recounted the history of the “Dawg Pound,” which today primarily refers to the rowdy area of the bleachers and the seasoned fans who sit there (often in dog masks), but which was originally used to describe the Browns’ defensive linesmen, who would bark and growl at their adversaries. The Court found in our clients’ favor, concluding that no reasonable jury could find against the Browns or the NFL, relegating the apparel company and its claims to the proverbial dog house.