Tags
Common Law Trademark Infringement, Common Law Unfair Competition, Contributory Trademark Infringement, Conversion, Deception, False Designation of Origin, Federal Trademark Infringement, Federal Unfair Competition, Kellie M. Barr, Tanya Walton Pratt, Unjust Enrichment, Vicarious Trademark Infringement
USA Football organizes football training events for players, coaches, and officials. USA Football was endowed by the National Football League and the National Football League Players Association in 2002.
USA Football has filed a lawsuit in Indiana attempting to prevent the use of the mark USA FLAG in connection with flag football tournaments and leagues. The parties to the lawsuit have a lengthy history, with Defendant Burnett first approaching USA Football in 2017 about a potential collaboration. Over the following years, the relationship involved both a Consulting Agreement and an Event Collaboration Agreement between the parties. However, per the Complaint (below), USA Football always maintained that the USA FLAG mark could not be used, previously opposing a USA FLAG trademark application.
Unable to successfully persuade/convince USA Flag to stop using an allegedly confusingly similar trademark, USA Football now seeks court intervention, including requests for injunctive relief and attorneys’ fees. As USA Flag seems dug into its position, this lawsuit could get interesting. USA Flag previously chose not to defend in the trademark opposition proceeding, resulting in a notice of default. Surely USA Flag won’t attempt that same strategy in federal court. Stay tuned for updates.
USA Football, Inc. v. Flag Football World Championship Tour, LLC et al.
Court Case Number: 1:23-cv-00274-TWP-KMB
File Date: February 13, 2023
Plaintiff: USA Football, Inc.
Plaintiff Counsel: Amie N. Peele of Peele Law Group, PC; Louis T. Perry of Faegre Drinker Biddle & Reath LLP
Defendants: Flag Football World Championship Tour, LLC, USA Flag, LLC, Travis Burnett
Cause: Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Common Law Unfair Competition, Common Law Trademark Infringement, Contributory Trademark Infringement, Vicarious Trademark Infringement, Unjust Enrichment, Conversion, Deception, Indiana Crime Victim’s Relief Act
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Kellie M. Barr
Complaint:
Note the Defendant’s website is currently down and its Facebook page has announced “big changes coming,” so perhaps a name change is already underway. Stay tuned for updates.
Indiana Intellectual Property Blog 