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UH plans to get sued by the NFL for keeping the Oiler's Blue Uniforms

Posted on 5/1/24 at 10:29 am
Posted by Dire Wolf
bawcomville
Member since Sep 2008
36749 posts
Posted on 5/1/24 at 10:29 am


quote:

COTTSDALE, Ariz. — The University of Houston has informed the NFL that it will proceed with plans to add an alternate blue uniform.

The about-face comes six months after the NFL’s merchandising and licensing division sent a cease-and-desist letter to UH, threatening legal action if the school did not halt what was described as UH’s “blatant copying” of the Houston Oilers-themed uniforms.

“We literally have a story we can show the city uses it,” athletic director Chris Pezman told the Houston Chronicle at the Big 12’s spring meetings. “This isn’t a reach. This is a layup. We’ve got a very defensible position.”

UH wore the blue uniforms for the football season opener against UTSA and during the women’s soccer and golf seasons. School officials weighed legal options and changed course with a letter sent in mid-April that notified the NFL of the school’s plans.

“We’re doing it,” Pezman said. “We’ve reviewed everything and come to the conclusion that we are going to proceed.”

UH had not received a response from the NFL as of late Tuesday. The NFL was not immediately available for comment.

“We’re giving them two or three weeks to respond,” Pezman said. “We’re waiting on a response to see if we get one.”


quote:

UH’s version used during the football season included a slightly different shade of blue than the Columbia blue that was made popular during the Oilers’ “Luv Ya Blue” era of the late 1970s. The uniform had similar striping on both the helmet and pants, along with a similar number font with red outlining. The uniforms featured a script “Houston” on the front and on both sides of the helmet instead of the Oilers’ iconic oil derrick logo.

In a letter to the university sent last Oct. 13, the NFL said “the Houston Cougars’ attempt to free ride on the popularity of the NFL and the club violates the intellectual property rights of the NFL and (Tennessee) Titans.”

Pezman said the school’s new design has made modifications with the stripes. UH also noted nearly a dozen examples of schools that use a variation of the color scheme and design, most notably Mississippi and Louisiana Tech.

“The stripes were the only thing they can hold us on,” he said.


LINK

Posted by lsufball19
Franklin, TN
Member since Sep 2008
65340 posts
Posted on 5/1/24 at 10:34 am to
quote:

UH also noted nearly a dozen examples of schools that use a variation of the color scheme and design, most notably Mississippi and Louisiana Tech.

they kind of lost me here. Other than a some shade of a powder blue jersey, these uniforms look nothing like the Houston alternates


Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51433 posts
Posted on 5/1/24 at 10:36 am to
quote:

UH had not received a response from the NFL as of late Tuesday. The NFL was not immediately available for comment.

“We’re giving them two or three weeks to respond,” Pezman said. “We’re waiting on a response to see if we get one.”


NFL won't do shite, they're bluffing
Posted by JetsetNuggs
Member since Jun 2014
14010 posts
Posted on 5/1/24 at 10:39 am to
Rummel had very similar jerseys when I was there. They gonna sue them too?

They already went at a local business over the fleur de lis
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71581 posts
Posted on 5/1/24 at 10:41 am to
UH needs to initiate the lawsuit in a Houston court.
Posted by Chad504boy
4 posts
Member since Feb 2005
166956 posts
Posted on 5/1/24 at 10:41 am to
start a HOU go fund me for their uniforms and get the public on their side.
Posted by Nitrogen
Baton Rouge, LA
Member since Aug 2016
3990 posts
Posted on 5/1/24 at 10:41 am to
Bud Adams and family needs to frick off, like will they sue UNC next?
what a joke
This post was edited on 5/1/24 at 10:43 am
Posted by chalmetteowl
Chalmette
Member since Jan 2008
47952 posts
Posted on 5/1/24 at 10:42 am to
quote:

UH also noted nearly a dozen examples of schools that use a variation of the color scheme and design, most notably Mississippi and Louisiana Tech.


None of them had an NFL team with those colors play in that city for years
Posted by Alt26
Member since Mar 2010
28629 posts
Posted on 5/1/24 at 11:22 am to
Good for them.

It will be an interesting trademark case...if the NFL actually decides to challenge it. The U of Houston's uniforms don't have any Oilers trademarks on them. And as much as they would like, the Adams's can't trademark the word "Houston", nor can they trademark the color scheme of red, white, and light blue. Now, they can trademark a specific trade dress. But that is where the tweaking the strip pattern comes in.

The NFL is going to have the burden of showing Houston's uniforms are "likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods."

Of course, the University is trading off the goodwill of the former Oilers team. But what will make the case interesting is that the Oilers football team doesn't even exist anymore. Let alone in Houston. Now, the Titans/NFL are going to argue they actually use the Oilers trademarks (the Titans wore the old Oilers uniforms last season), so the U of Houston wearing similar uniforms will cause confusion as to the Titans sponsoring/approving Houston's use of the uniforms. However, the University will probably counter by arguing the Adamses disdain Houston and that no one in the Houston market would ever be confused that the (now) Titans are sponsoring/approving the University's use of what is, essentially, a color scheme.

I don't think the NFL is actually going to fight it...which is why the AD is so bold in telling the NFL/Titans to "bring it on!"
Posted by SirWinston
PNW
Member since Jul 2014
82603 posts
Posted on 5/1/24 at 11:32 am to
This is so dumb of the NFL. Especially when their own USFL / XFL minor league team in Youston, Tejas switched from the amazing Gamblers logo to the stupid retarded looking zombie Oilers logo.
This post was edited on 5/1/24 at 11:32 am
Posted by jcaz
Laffy
Member since Aug 2014
15789 posts
Posted on 5/1/24 at 2:14 pm to
UH would win that case. You can't lay claim to a color scheme.

NFL is going to back down though. That team is defunct anyway.
Posted by Cowboyfan89
Member since Sep 2015
12740 posts
Posted on 5/1/24 at 3:36 pm to
quote:

“The stripes were the only thing they can hold us on,” he said.

I would have kept the stripes and said frick em. Since when can someone own the rights to a stripe combination?! It's a different shade of blue according to UH--there's no ownership right to a red-blue-red stripe.

NFL needs to kick rocks on this one.
Posted by bad93ex
Walnut Cove
Member since Sep 2018
27459 posts
Posted on 5/1/24 at 5:31 pm to
I was told that UH wasn’t getting sued by the NFL
Posted by Tigertown in ATL
Georgia foothills
Member since Sep 2009
29216 posts
Posted on 5/1/24 at 6:09 pm to
frick the NFL.
Posted by Jack Ruby
Member since Apr 2014
22913 posts
Posted on 5/1/24 at 6:51 pm to
Tillman Fertita gonna have the Oilers haters whacked.
Posted by McMillan
Member since Jul 2018
5948 posts
Posted on 5/1/24 at 8:43 pm to
The NFL can frick right off.

I almost wish Lindenwood FB wears a combo of the Big Red and Rams colors just to f with them.
Posted by Forever
Member since Dec 2019
5756 posts
Posted on 5/2/24 at 5:41 pm to
quote:

“We’re doing it,” Pezman said. “We’ve reviewed everything and come to the conclusion that we are going to proceed.”

And this is how you negate sue-happy bully culture. frick the NFL
Posted by SECdragonmaster
Order of the Dragons
Member since Dec 2013
16263 posts
Posted on 5/2/24 at 10:18 pm to
This is an easy decision for me.

The Oilers no longer exist in the NFL. The titans do.

Advantage Houston.
Posted by Ancient Astronaut
Member since May 2015
33210 posts
Posted on 5/2/24 at 10:40 pm to
NFL is going to lose.
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