This is because the XFL version of the derrick is similar to that of the old Houston Oilers logo.
Gerben said via phone call that the NFL would have to prove that the XFL’s use of the logo hinders their ability to sell Oilers merchandise, and that they (the NFL) have the exclusive rights to use the rig.
I’m sure your first question is, “why now?” Why not before. Gerben says:
“Procedurely, when you file a trademark application it goes through the government’s review process first. And then once the government approves any trademark for registration there’s a 30-day window that opens up. Which anybody that feels they might be damaged by the registration can file an opposition.”
The original opposition was filed on December 11th, 2019. When the USPTO officially published the mark by the XFL on June 30th, the window to oppose was opened. That is when the first extension was applied for.
The first extension was filed in July 2020. The two extensions were subsequently filed during the bankruptcy case, noting that negotiations were taking place.
Alpha Opco has 40 days to respond, or the matter will go to court. That date is February 6th, 2021.
Gerben says – and this is just his opinion, he’s not involved at all with the case – in all likelihood, this will not end up in court, it would instead be settled out of court.
This does not mean the case HAS to go to court, nor does it mean that Dani and The Rock are taking it to trial. Simply that the extensions filed for by the NFL are exhausted.
According to trademark law, two extensions may be filed before the case is set for trial date.
The NFL’s standing is that even though the Oilers franchise moved to Tennessee and changed their name, the logo still retains valuable goodwill and consumer recognition.
The paperwork says:
“Consumers encountering Applicant’s Mark, particularly in connection with the Applicant’s Services, are likely to associate the mark with Opposers, based on the similarity of the parties’ marks and their respective goods and services.”NFL paperwork opposing the Roughnecks use of the oil derrick
In effect, the NFL feels like the XFL’s use of the rig could confuse a consumer into believing the two are connected.
Once more information is released we will get you up-to-date.
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