On the Trademark Trial and Appeal Board and the "Redskins" mark.

I previously discussed the Washington Redskins' trademark. It is being challenged by a group of Native Americans who find the mark disparaging, offensive and/or scandalous. More than a decade ago, the mark's federal registration was challenged on the same grounds. The reasoning was that the mark is entitled to registration, basically because more people associate the mark with the football team than with its offensive meaning.

This is a good background article to the Trademark Trial and Appeal Board, the group charged with making such decisions. The TTAB oversees petitions opposing and to cancel a trademark, along with interference and concurrent use proceedings. The TTAB does not decide whether a mark can be used or is being infringed; it only determines whether a certain mark is entitled to federal registration.

NFL granted default judgment against merchandise counterfeiters.

The NFL was recently granted $273M in a default judgment against approximately 1,000 online counterfeiters who were selling NFL merchandise. A default judgment is what happens if you do not respond to a lawsuit. In such a case, the plaintiff gets everything he or she requests in the petition or complaint. 

Here, the NFL's damages might not have been $273M, or some of the alleged counterfeiters may not have been culpable. But without filing a response or addressing the lawsuit, the courts accept the NFL's version of the truth. 

The NFL vs. 4,200 former players with head injuries.

This is a good overview of the lawsuits involving the NFL and a group of 4,200 former players on the damaging effects of head trauma. The plaintiffs, who are former players, allege that the NFL neglected to publicize and inform them of just how damaging concussive brain injuries are. The NFL is arguing that the issue is covered by the collective bargaining agreement, which would likely prevent the players from bringing suit. It will be interesting how this one turns out, because it will help determine the limits of what constitutes a "collectively bargained agreement."

Regardless of what happens at the district court-level, this is likely to be appealed.