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re: UH plans to get sued by the NFL for keeping the Oiler's Blue Uniforms
Posted on 5/1/24 at 11:22 am to Dire Wolf
Posted on 5/1/24 at 11:22 am to Dire Wolf
Good for them.
It will be an interesting trademark case...if the NFL actually decides to challenge it. The U of Houston's uniforms don't have any Oilers trademarks on them. And as much as they would like, the Adams's can't trademark the word "Houston", nor can they trademark the color scheme of red, white, and light blue. Now, they can trademark a specific trade dress. But that is where the tweaking the strip pattern comes in.
The NFL is going to have the burden of showing Houston's uniforms are "likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods."
Of course, the University is trading off the goodwill of the former Oilers team. But what will make the case interesting is that the Oilers football team doesn't even exist anymore. Let alone in Houston. Now, the Titans/NFL are going to argue they actually use the Oilers trademarks (the Titans wore the old Oilers uniforms last season), so the U of Houston wearing similar uniforms will cause confusion as to the Titans sponsoring/approving Houston's use of the uniforms. However, the University will probably counter by arguing the Adamses disdain Houston and that no one in the Houston market would ever be confused that the (now) Titans are sponsoring/approving the University's use of what is, essentially, a color scheme.
I don't think the NFL is actually going to fight it...which is why the AD is so bold in telling the NFL/Titans to "bring it on!"
It will be an interesting trademark case...if the NFL actually decides to challenge it. The U of Houston's uniforms don't have any Oilers trademarks on them. And as much as they would like, the Adams's can't trademark the word "Houston", nor can they trademark the color scheme of red, white, and light blue. Now, they can trademark a specific trade dress. But that is where the tweaking the strip pattern comes in.
The NFL is going to have the burden of showing Houston's uniforms are "likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods."
Of course, the University is trading off the goodwill of the former Oilers team. But what will make the case interesting is that the Oilers football team doesn't even exist anymore. Let alone in Houston. Now, the Titans/NFL are going to argue they actually use the Oilers trademarks (the Titans wore the old Oilers uniforms last season), so the U of Houston wearing similar uniforms will cause confusion as to the Titans sponsoring/approving Houston's use of the uniforms. However, the University will probably counter by arguing the Adamses disdain Houston and that no one in the Houston market would ever be confused that the (now) Titans are sponsoring/approving the University's use of what is, essentially, a color scheme.
I don't think the NFL is actually going to fight it...which is why the AD is so bold in telling the NFL/Titans to "bring it on!"
Posted on 5/1/24 at 11:29 am to Alt26
quote:
The NFL is going to have the burden of showing Houston's uniforms are "likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods."
Both the NFL and officially licensed UH dealers sell jerseys that look extremely similar.
Posted on 5/1/24 at 1:09 pm to Alt26
quote:
I don't think the NFL is actually going to fight it...which is why the AD is so bold in telling the NFL/Titans to "bring it on!"
It’s a win/win for Houston. If they win, then the school keeps some pretty sweet alt unis. If they lose, then the city of Houston has another reason to hate the Adams’ even more than they already do.
Posted on 5/1/24 at 3:16 pm to Alt26
Am I right in saying that the nfl (or the Adams family) screwed themselves in this situation?
If the Texans were able to keep the Oilers colors/logo/name etc, I bet Houston wouldn’t even have tried this ‘stunt’
If the Texans were able to keep the Oilers colors/logo/name etc, I bet Houston wouldn’t even have tried this ‘stunt’
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