Colin Bookie Bash Email: y2kolin@gmail.com Website: www.bookiebash.net
Re:
Unauthorized Use of NFL Trademarks
Dear Sir or Madam:
NFL Properties LLC (“NFLP”) is the authorized representative of the National Football League (“NFL”) and its thirty-two Member Clubs, including the Oakland Raiders (“Raiders Club”), for the licensing and protection of their names, logos, symbols, and other identifying marks (the “NFL Trademarks”). NFLP engages in a wide range of licensing activities and programs, including licensing the NFL and its Member Clubs’ trademarks to companies for use as promotional and advertising vehicles. By virtue of this continuous and extensive use of the NFL and its Member Clubs’ trademarks in promotional programs, these trademarks have developed immense goodwill and strength as identifiers of NFL sponsorship.
We recently learned of your unauthorized use of the NFL Trademarks in connection with the promotion of your website and Twitter account. Specifically, we object to your use of the NFL Trademarks, in particular your use of a logo confusingly similar to the Raiders Club’s famous logo, along with images of NFL players in their uniforms and helmets, which are registered NFL Trademarks in the United States Patent and Trademark Office, in connection with your promotion and marketing for your gambling-related services. Please see enclosed sample of your promotional materials from your website and Twitter account.
This use of the NFL Trademarks is precisely the type of commercial use that requires licensing from NFLP because it unfairly capitalizes on the goodwill and reputation embodied in the NFL Trademarks. Because you feature NFL Trademarks in your promotional materials, the public is likely to mistakenly believe that your website and Twitter account has been authorized or sponsored by, or is somehow affiliated with the NFL. Even if you have received permission from any player to use his image in your promotions, such permission does not convey any rights to use the NFL Trademarks, including the images featuring the registered uniform and helmet designs. National
National Football League | 345 Park Avenue | New York, NY 10154
Football League v. Coors, 1999 U.S. App. LEXIS 38272 (2d Cir. 1999). This unauthorized use of the NFL Trademarks is particularly concerning because it is in connection with gambling services.
We therefore request that you immediately cease all inappropriate use of the NFL Trademarks in connection with the promotion of your business overall. Specifically, we request that you: (a) remove all NFL Trademarks from your promotional and marketing materials; (b) pull any related promotional and marketing materials; and (c) cease using the NFL Trademarks in all future promotional and marketing materials.
Your prompt response is required in order to expedite a non-judicial resolution of this matter. Please confirm your compliance with our demand in writing by October 3, 2011.
Nothing in this letter shall be construed as a waiver or relinquishment of any rights or remedies of the NFL, NFLP, or any NFL Member Club.
Sincerely,
Sarah Crutcher Assistant Counsel 212-450-2550 Sarah.Crutcher@NFL.com
Colin Bookie Bash Email: y2kolin@gmail.com Website: www.bookiebash.net
Re:
Unauthorized Use of NFL Trademarks
Dear Sir or Madam:
NFL Properties LLC (“NFLP”) is the authorized representative of the National Football League (“NFL”) and its thirty-two Member Clubs, including the Oakland Raiders (“Raiders Club”), for the licensing and protection of their names, logos, symbols, and other identifying marks (the “NFL Trademarks”). NFLP engages in a wide range of licensing activities and programs, including licensing the NFL and its Member Clubs’ trademarks to companies for use as promotional and advertising vehicles. By virtue of this continuous and extensive use of the NFL and its Member Clubs’ trademarks in promotional programs, these trademarks have developed immense goodwill and strength as identifiers of NFL sponsorship.
We recently learned of your unauthorized use of the NFL Trademarks in connection with the promotion of your website and Twitter account. Specifically, we object to your use of the NFL Trademarks, in particular your use of a logo confusingly similar to the Raiders Club’s famous logo, along with images of NFL players in their uniforms and helmets, which are registered NFL Trademarks in the United States Patent and Trademark Office, in connection with your promotion and marketing for your gambling-related services. Please see enclosed sample of your promotional materials from your website and Twitter account.
This use of the NFL Trademarks is precisely the type of commercial use that requires licensing from NFLP because it unfairly capitalizes on the goodwill and reputation embodied in the NFL Trademarks. Because you feature NFL Trademarks in your promotional materials, the public is likely to mistakenly believe that your website and Twitter account has been authorized or sponsored by, or is somehow affiliated with the NFL. Even if you have received permission from any player to use his image in your promotions, such permission does not convey any rights to use the NFL Trademarks, including the images featuring the registered uniform and helmet designs. National
National Football League | 345 Park Avenue | New York, NY 10154
Football League v. Coors, 1999 U.S. App. LEXIS 38272 (2d Cir. 1999). This unauthorized use of the NFL Trademarks is particularly concerning because it is in connection with gambling services.
We therefore request that you immediately cease all inappropriate use of the NFL Trademarks in connection with the promotion of your business overall. Specifically, we request that you: (a) remove all NFL Trademarks from your promotional and marketing materials; (b) pull any related promotional and marketing materials; and (c) cease using the NFL Trademarks in all future promotional and marketing materials.
Your prompt response is required in order to expedite a non-judicial resolution of this matter. Please confirm your compliance with our demand in writing by October 3, 2011.
Nothing in this letter shall be construed as a waiver or relinquishment of any rights or remedies of the NFL, NFLP, or any NFL Member Club.
Sincerely,
Sarah Crutcher Assistant Counsel 212-450-2550 Sarah.Crutcher@NFL.com
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