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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 11:29 am to
Posted by Diseasefreeforall
Member since Oct 2012
5586 posts
Posted on 5/1/24 at 11:29 am to
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 by Alt26
Member since Mar 2010
28568 posts
Posted on 5/1/24 at 11:58 am to
quote:

Both the NFL and officially licensed UH dealers sell jerseys that look extremely similar.


No question. But "extremely similar" is not identical. Which is why the AD said this...


quote:

Pezman said the school’s new design has made modifications with the stripes. UH also noted nearly a dozen examples of schools that use a variation of the color scheme and design, most notably Mississippi and Louisiana Tech.

The stripes were the only thing they can hold us on,” he said.


The University is going to argue the NFL/Titans are overreaching by arguing they own that particular color scheme. Houston will say you may own this "trade dress"



But you don't own this one because they are not identical. Otherwise, the NFL/Titans own the trade dress of ANY football uniform using a red, white, light blue color scheme with stripes.

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