Football FOX Sports sued over necromanced USFL

Discuss Thrower · 02-28-2022, 07:56 PM

The USFL will return in April. Unless it doesn’t.

The owners and executives of the original USFL have sued to block Fox from launching a league that uses the brand and team names of the spring league that was founded in 1983.

In a complaint filed Monday in a California federal court, an entity known as “The Real USFL, LLC” seeks an order preventing Fox from using the USFL name and the names and logos of any of the 18 teams that played in the original USFL.

The plaintiff alleges that Fox’s USFL “is an unabashed counterfeit,” and that Fox has taken the league’s name, eight team names, and eight team logos “to which it has no right.”

“It has traded on the false narrative that Fox’s League and USFL teams are the offspring of the original,” the complaint contends at paragraph 4. “They are not.”

The original USFL raised its concerns publicly last year, after Fox announced plans to bring back the USFL. Negotiations occurred, but Fox allegedly made it clear that it “had no intention of discussing the matter further.” Eventually, Fox claimed that the USFL had been defunct for more than 30 years, and that it had abandoned its trademarks.

The lawsuit includes claims for trademark infringement, false advertising, and false association. Ultimately, the case boils down to whether the original USFL retained the rights to the league name and the team names and logos. If the legal system concludes that it does, Fox has a very real problem.

“Fox could have easily started its own league with new teams, but instead chose to take the goodwill and nostalgia of the original league without the permission of the people who actually created it,” attorney Alex Brown said in a press release. “Fox can’t dispute that the ‘Real USFL’ marks are recognizable and valued because they’re using them and purposefully confusing its league with the original. Rather than do the right thing, Fox has chosen to try and bully the prior owners into submission. That’s not going to happen.”

What’s likely going to happen is that the original USFL will try to get a preliminary injunction preventing the league from launching in April with the original USFL league and team names and logos.

MarkDavis'Haircut · 02-28-2022, 07:58 PM

Good grief

InChiefsHeaven · 02-28-2022, 08:13 PM

What the...

...OK. Fox. Come up with another name like...USAFL or some shit. Come up with team names, it's not that hard.

This seems kinda dumb.

tyecopeland · 02-28-2022, 08:13 PM

Yeah! Let's sue so that everyone forgets our shit entirely! Great strategy.

**BigRedChief** · 02-28-2022, 08:18 PM

Quote:

Originally Posted by InChiefsHeaven

What the...

...OK. Fox. Come up with another name like...USAFL or some shit. Come up with team names, it's not that hard.

This seems kinda dumb.

I assumed they bought the name or have the previous owners of the name a slice of the new pie, if there ever becomes a pie to slice up.

InChiefsHeaven · 02-28-2022, 08:36 PM

Quote:

Originally Posted by BigRedChief

I assumed they bought the name or have the previous owners of the name a slice of the new pie, if there ever becomes a pie to slice up.

It seems impossible that they would make such a **** up. I'm sure they have a team of lawyers who OK'd the way they went about it. Just seems weird.

Jamie · 02-28-2022, 09:29 PM

Fox isn't going to go into something like this half-ass, I'm sure they're on solid ground legally. This is probably a shakedown. They file a lawsuit they know they can't win, but still threatens to delay the start of the season, in the hopes Fox will just pay them to go away.

Ocotillo · 02-28-2022, 10:16 PM

I guess there's still bitterness over the antitrust lawsuit against the NFL that was a total dud.

The jury awarded the USFL a symbolic $1 award, which was trebled according to antitrust law to $3. The total, including interest, came to $3.76.

02-28-2022, 07:56 PM
Discuss Thrower "You like to drink?" Join Date: Jun 2006 Location: "I like to drink." Casino cash: $3196869	FOX Sports sued over necromanced USFL The USFL will return in April. Unless it doesn’t. The owners and executives of the original USFL have sued to block Fox from launching a league that uses the brand and team names of the spring league that was founded in 1983. In a complaint filed Monday in a California federal court, an entity known as “The Real USFL, LLC” seeks an order preventing Fox from using the USFL name and the names and logos of any of the 18 teams that played in the original USFL. The plaintiff alleges that Fox’s USFL “is an unabashed counterfeit,” and that Fox has taken the league’s name, eight team names, and eight team logos “to which it has no right.” “It has traded on the false narrative that Fox’s League and USFL teams are the offspring of the original,” the complaint contends at paragraph 4. “They are not.” The original USFL raised its concerns publicly last year, after Fox announced plans to bring back the USFL. Negotiations occurred, but Fox allegedly made it clear that it “had no intention of discussing the matter further.” Eventually, Fox claimed that the USFL had been defunct for more than 30 years, and that it had abandoned its trademarks. The lawsuit includes claims for trademark infringement, false advertising, and false association. Ultimately, the case boils down to whether the original USFL retained the rights to the league name and the team names and logos. If the legal system concludes that it does, Fox has a very real problem. “Fox could have easily started its own league with new teams, but instead chose to take the goodwill and nostalgia of the original league without the permission of the people who actually created it,” attorney Alex Brown said in a press release. “Fox can’t dispute that the ‘Real USFL’ marks are recognizable and valued because they’re using them and purposefully confusing its league with the original. Rather than do the right thing, Fox has chosen to try and bully the prior owners into submission. That’s not going to happen.” What’s likely going to happen is that the original USFL will try to get a preliminary injunction preventing the league from launching in April with the original USFL league and team names and logos.
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02-28-2022, 07:58 PM	#2
MarkDavis'Haircut MVP Join Date: Aug 2017 Casino cash: $5030400	Good grief
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02-28-2022, 08:13 PM	#3
InChiefsHeaven Rockin' yer FACE OFF! Join Date: Feb 2003 Location: Omaha, Nebraska Casino cash: $3844937	What the... ...OK. Fox. Come up with another name like...USAFL or some shit. Come up with team names, it's not that hard. This seems kinda dumb. __________________ We have a million reasons for failure, but not one excuse... Die Donks, DIE!! Holy Crap fellas!!! We did it!!! THREE TIMES!!!
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02-28-2022, 08:13 PM	#4
tyecopeland Veteran Join Date: May 2019 Casino cash: $2290400	Yeah! Let's sue so that everyone forgets our shit entirely! Great strategy. __________________
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02-28-2022, 09:29 PM	#7
Jamie Veteran Join Date: Mar 2002 Casino cash: $1468503	Fox isn't going to go into something like this half-ass, I'm sure they're on solid ground legally. This is probably a shakedown. They file a lawsuit they know they can't win, but still threatens to delay the start of the season, in the hopes Fox will just pay them to go away.
Posts: 1,393

02-28-2022, 10:16 PM	#8
Ocotillo Veteran Join Date: Sep 2019 Location: Red state Casino cash: $-40000	I guess there's still bitterness over the antitrust lawsuit against the NFL that was a total dud. The jury awarded the USFL a symbolic $1 award, which was trebled according to antitrust law to $3. The total, including interest, came to $3.76.
Posts: 2,087