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

Posted on 5/1/24 at 11:58 am to
Posted by Alt26
Member since Mar 2010
28632 posts
Posted on 5/1/24 at 11:58 am to
quote:

Both the NFL and officially licensed UH dealers sell jerseys that look extremely similar.


No question. But "extremely similar" is not identical. Which is why the AD said this...


quote:

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.


The University is going to argue the NFL/Titans are overreaching by arguing they own that particular color scheme. Houston will say you may own this "trade dress"



But you don't own this one because they are not identical. Otherwise, the NFL/Titans own the trade dress of ANY football uniform using a red, white, light blue color scheme with stripes.

Posted by Diseasefreeforall
Member since Oct 2012
5591 posts
Posted on 5/1/24 at 12:06 pm to
quote:

No question. But "extremely similar" is not identical. Which is why the AD said this...


I'm not taking the side of the NFL here for any other reason than being interested in the legal debate but it seems to me that having the word "Houston" prominently displayed on the front of the jerseys UH sells should matter. That's what's missing from other schools with similar jersey colors.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
65356 posts
Posted on 5/1/24 at 12:11 pm to
quote:

Otherwise, the NFL/Titans own the trade dress of ANY football uniform using a red, white, light blue color scheme with stripes.


That's an intellectually dishonest argument if you have eyes. The stripe patterns are virtually identical. It's not just the color pattern and simply having stripes. It's the color pattern and stripping pattern being virtually identical. Lets' call a spade a spade...Houston designed those uniforms like they did on purpose to mimic the Houston Oilers.

I mean, this isn't even debatable

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