Titlecraft, Inc. v. National Football League et al

Filing 1

COMPLAINT against NFL Properties, LLC, National Football League ( Filing fee $ 350 receipt number 4-43175.) assigned to Judge Richard H. Kyle per Master List referred to Magistrate Judge Jeffrey J. Keyes, filed by Titlecraft, Inc. (Attachments: # 1 Exhibit(s) A, # 2 Civil Cover Sheet) (VEM)

NATIONAL FOOTBALL LEAGUE

August 28, 2009

VIA E-MAIL: VIA FEDEX

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Mr Ed Reichow 'litlecraft Corporation
8540 Quarles Rd. Maple Grove, MN 5531 612-590-1796
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Dear Mr. Reichow:

Unauthorized Use of NFL Trademarks

NFL Properties LLC ("NFLP") is the authorized representativc of the National Football League ("NFL") and its thirty{wo Member Clr.rbs for the licensing and protection of their names, logos, symbols, and other identifying marks. NF-[,P engages in a wide range of liccnsing activities and programs, including licensing the NFL and its Member Clubs' trademarks to companies for use as promotional and advertising vchicles. By virtue of this continuous and extensive use of the NFL and its Member Clubs' trademarks in promotional programs, these trademarl<s have developed immcnse goodwill and strength as identificrs of NFL sponsorship.

It has come to our attention that you are manufacturing trophies that arc confusingly similar to the Vince Lombardi liophy Design as shown on your web site at www.theultirnatetroph.v.conr. Copies of pages from your web site are enclosed, The Vince Lombardi Trophy Design is registered by the NFL in the United States Palent and 'lrademark Office. Your replica trophy designs also bear Roman Numerals, which are used each year to designate the NFL's SUPER BOWL charnpionship game. As a result ofthcse activities, the public is likely to mistakenly believe that your company and./or web site have been authorized or sponsored by, or is somehow afhliated with the NFL and/or the NFL's Member Clubs.
This type ofconduct constitutes trademark infringement under Section 32( 1) ofthe Lanham Act, l5 U.S.C. Section 1114(l), a false designation of origin and falsc description under Section 43(a) ofthe Lanham Act, 15 IJ.S.C. Section 1125(a), and trademark dilution under Section 43(c) of the Lanham Act, l5 U.S.C. Section 1125(c),

280 Park Avenue. NewYork. Ncw York

t0017

(212)

450'20(n FAX (212) 69'l'1463

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August 28, 2009

and violates state trademark and dilution statutes and common law principles competition and misappropriation.

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NFLP has successfully obtained injunctive and monetary reliefagainst pafiies who have persisted in the unauthorized use ofthe NFL and Member Club intellectual propedy. Accordingly, we hereby demand that you immediately: (1) cease the manufacture of Vince Lombardi Trophy replicas; (2) provide us with a full accounting ofall sales of ar,y trophies that your company has manulactured or sold in the past, as well as records regarding the same. We also request that you confirm to us immediately in writine that you will not use any such logos, trademarks, or images in the future and that you will cease all of the activities described above in,mediately.

If you comply with the foregoing

demands and requests, we

will

be in a position to

discuss possible settlement of this matter with you. If, however, you do not comply with our demands and requests, we will assume that you do not wish to resolve this matter amicably and, as such, we will have no alternative but to pursue all legal action we deem necessary to fully protect the rights of the NFL and the NFL Member Clubs. Please confirm youl conpliance with the above dernand in wlitinq by Sentember 11.2009

Nothing in this letter shall be construed as a waiver or relinquishment ofany rights or remedies of the NFL, NFLP, or any NFL Metrber Club. If you would like to discuss tl.iis matter by telephone, please feel free to call me at [phone].
Sincerely yours,

Y/hPP^'^'"-z
Jeffiey D. Parnass Counsel
Tel: [phone]

Fax [phone]
E-mail : elfrey. pan-rassfa)nfl com
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Enclosures