Earlier this month we heard that the NFL Properties on behalf of the Tennessee Titans/Houston Oilers had filed an opposition to oil derrick used in their primary logo.
On Tuesday, NFLP officially filed an opposition to their secondary logo on behalf of the New England Patriots.
Similar to the previous filing, the opposition started in 2019. It wasn’t, and can’t, be made official until the United States Patent and Trademark Office grants the Mark application.
That was published in July of 2020. Followed by a first 90-day extension, since the XFL was in bankruptcy proceedings, and a second extension after the sale to Alpha Acquico, the group with Dany Garcia, Dwayne “The Rock” Johnson, and Gerry Cardinale of RedBird Capital.
The court only allows two extensions (60 and 90 days), and since they both have expired, the motion has been made official.
The XFL has until February 28th to respond.
Unlikely to ever actually go to a court trial, but if it does, there will be a discovery hearing, and the NFLP has to prove that the XFL designed this logo with the intent to confuse the public, and piggyback off the goodwill established by the updated 1993 logo of the New England Patriots.
Paragraph 16 reads:
“Applicant’s adoption of Applicant’s Mark was willful and with knowledge of Opposers’ prior trademark rights. Applicant’s adoption of Applicant’s Mark was intended to trade
off on the goodwill that Opposers have built in the Patriots Mark.”
Similar to the previous opposition, this is likely end in some sort of settlement.
Stay with us as this proceeds.
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