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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 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.
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Posted on 5/1/24 at 10:34 am to Dire Wolf
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 on 5/1/24 at 10:36 am to Dire Wolf
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 on 5/1/24 at 10:39 am to Dire Wolf
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
They already went at a local business over the fleur de lis
Posted on 5/1/24 at 10:41 am to Dire Wolf
UH needs to initiate the lawsuit in a Houston court.
Posted on 5/1/24 at 10:41 am to Dire Wolf
start a HOU go fund me for their uniforms and get the public on their side.
Posted on 5/1/24 at 10:41 am to Dire Wolf
Bud Adams and family needs to frick off, like will they sue UNC next?
what a joke
what a joke
This post was edited on 5/1/24 at 10:43 am
Posted on 5/1/24 at 10:42 am to Dire Wolf
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 on 5/1/24 at 10:43 am to Bestbank Tiger
quote:
UH needs to initiate the lawsuit in a Houston court.
there's no lawsuit to initiate from their end.
Posted on 5/1/24 at 10:45 am to Nitrogen
quote:
Bud Adams and family needs to frick off, like will they sue UNC next?
The NFL isn't saying they own baby blue. I mean it's pretty obvious what Houston was trying to do with those uniforms regardless of how you feel about the Adams family holding the Oilers trademarks hostage.
Iowa, for instance, has almost the same uniforms as the Pittsburg Steelers, but they got permission in the 70s to do what they did from the Steelers.
Posted on 5/1/24 at 10:52 am to lsufball19
quote:
I mean it's pretty obvious what Houston was trying to do with those uniforms regardless of how you feel about the Adams family holding the Oilers trademarks hostage
UH knows exactly what they are doing. It is a very easy PR win
They got plenty of Oil rich alumni and lawyer alums that will eat this shite up along with the entire city of Houston.
Posted on 5/1/24 at 11:19 am to lsufball19
quote:
They’ll lose by seven touchdowns but they’ll do it in some of the best damn uniforms in college football.
Posted on 5/1/24 at 11:22 am to Dire Wolf
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!"
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 on 5/1/24 at 11:29 am to Alt26
quote:
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."
Both the NFL and officially licensed UH dealers sell jerseys that look extremely similar.
Posted on 5/1/24 at 11:32 am to Dire Wolf
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 on 5/1/24 at 11:58 am to Diseasefreeforall
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 on 5/1/24 at 12:06 pm to Alt26
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 on 5/1/24 at 12:11 pm to Diseasefreeforall
quote:
having the word "Houston" prominently displayed on the front of the jerseys UH sells should matter.
But they are the University of Houston
And I don’t recall the Oilers having Houston on their jerseys
Posted on 5/1/24 at 12:11 pm to Alt26
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
Posted on 5/1/24 at 12:15 pm to Diseasefreeforall
quote:
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.
Except that "Houston" is actually the name of the university. You can't trademark Houston.
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