Titlecraft, Inc. v. National Football League et al

Filing 26

Declaration of Justin L Seurer in Support of 25 Memorandum in Opposition to Motion filed by Titlecraft, Inc.. (Attachments: # 1 Exhibit(s) Opinion Letter)(Seurer, Justin)

Titlecraft, Inc. v. National Football League et al

Fug 06 2010 7: O4Fll

NSK

MHSTE RS

763-416-OOa9

Doc. 26 Att. 1

Lee Pederson Attom6y-at-Law Re istered United States Pateni Attomey

CoDfidetrtial: Subi

to Attordey/Client Privilege

larph
Ed Reichow 8540 Quarles Maple Gove,

21,2008

MN

5 311

Fantasy

ooiball League Trophies

Dear Ed,

You have party ellectual Specifically, you relatinB to the product a[d, using ofother advedisd and soll your products

i

me to render an opinion regarding potential liabilities fiom third for your proposed FaDtasy Footba.ll League Trophy prDducts.

mked me to look idto rights held by the Nalional Football League Trophy, I have physjcally examined tvro versiods ofyour intemet inages ofthe NFL'S Lombardi Trophy as well as images tasy lbotball leaguc trophies. I rmderstand Llral you platr to market without reference to the NFL or the Lombardi Trophy. cop)'rights aris ftom odginal works ofauthorship c and sculphraal works. Coplrights protect embodments of the coDcept. tor cop).alght 'iog concept. I have done a limited search for cop)'.ight Clone lnmte.l i Trophy, zurd found none. Even if there is ro copyright NFL could obtain a regislralion and./or proceed on common la\r/ would have a valid defense to any such copl.right claim similarities betwoen The l-ombardi trophy and your producls, ofthe Lombardi Trophy, Patents. Patent .ights arise only lrom officiel registration with Tdensrk Offrce. I have done a limited se4rch for oatents Lombardi Trophy and discovered none- Based on this searcl\ be a signi ficant risk in this area.
and

CopYrights, inoluding pictorial, works, but not the registratioDs for the registmtion, bowever, claims, I believe lhat because, while there Youl pmducts are nol
and D tho UDited States
and patent rights to ther does not appar

O

Cascade Laner Edina, MN 55435 952-836-7949 LeePedersonLaw.com

Dockets.Justia.com

Rug 06 2O1o 7:o4HH TRSK

mnSTERS

763

416-OOaS

P.?

Trademarks. Tradernarks adse Aom oornmon law and./or registration with the United States Patenl aDd Trademark Ofrce, I have done a limited search for registered trademarks, and found rlat The NFL holds registeled trademark 7335653 6 for tbe image ofthe Lotubardi Trophy as shown:

t'!

li!; ' ,ti

.

!. ,-r''.i'i

jt.f{ ro '^'

In ordor to prevail in a tradema.rk actior! the NFL v/ould havc to prcve that there isa "likelihood of conirsion ' between yolrproducts and the Lomba.di Tiophy- Ifthe NFL brought a trademark infrirgerDent against you, I beleve they would nol be able to
meet this standzrd-

E@4i4L Based orr Ery Inesent knowledge, I be]ieve tbat your proposed producls would not infiinge any rights held by the NFL.
Signed,

-h'^
Lee Pederson

?*-

46{0 Cascade lane, Edlda, MN 55436
952-8 3&7949

LeePedersonLaw.com