Boston Professional Hockey Association, Inc., v. Dallas Cap & Emblem Mfg., Inc.

510 F.2d 1004 (5th Cir. 1975)

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Nature of the Case

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Facts

The NHL and thirteen of its member hockey teams (Ps) brought this action to enjoin Dallas (D) from manufacturing and selling embroidered emblems depicting their trademarks. The NHL and twelve of the teams have secured federal registration of their team symbols as service marks for ice hockey entertainment services and seek relief under both provisions of the Lanham Act, 15 U.S.C.A. §§ 1114, 1125. During the 1971-72 season, more than eight million fans attended NHL games where they saw the team marks displayed on the jersey fronts of the players and throughout the game programs. For each game on national television, between ten and twenty million hockey enthusiasts saw Ps' marks. Ps authorized National Hockey League Services, Inc. (NHLS) to act as their exclusive licensing agent. D is in the business of making and selling embroidered cloth emblems. D sought to obtain from NHLS an exclusive license to make embroidered emblems. D manufactured and sold without authorization emblems which were substantial duplications of the marks. During the month of April 1972, D sold approximately 24,603 of these emblems to sporting goods stores in various states. Ps alleged that ds manufacture and sale of the team symbols constitutes (1) an infringement of the plaintiffs' registered marks in violation of 15 U.S.C.A. § 1114; (2) false designation of origin in violation of 15 U.S.C.A. § 1125; and (3) common law unfair competition. The court found that D had violated unfair-competition laws. The trial court reasoned that D only made the symbols themselves whose violation would involve copyright law. The court refused to grant any relief under the Lanham Act. Ps appealed.