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Introduction
Love or hate them, the Dallas Cowboys are "America's Team." For more than 30 years, the prominent National Football League team has referred to itself as "America's Team," a reference to their national appeal and popularity, but also a term that infuriates opposing teams and fans. However, according to a Texas federal district court, the Dallas Cowboys indeed are America's team for trademark purposes (Dallas Cowboys Football Clubs, Ltd. v. Am.'s Team Props., 2009).
This article analyzes the Dallas Cowboys and National Football League's 2009 lawsuit against America's Team Properties and then presents implications for sport marketers. This case illustrates the importance of sport marketers completing proper trademark registration and also verifying whether a mark is already in use.
Case Background
The Dallas Cowboys (Cowboys) are one of 32 National Football League franchises marketed by NFL Properties, LLC, (NFLP). The Cowboys and NFLP filed a trademark infringement claim for the mark, "America's Team," against America's Team Properties, Inc. (ATP). ATP argued it owned the trademark which it purchased from Terrence Nash (Nash) in 1998 for $100.
According to the lawsuit, Nash registered the "America's Team" trademark and then sold t-shirts printed with the mark at various sporting events from 1990 through 1994. As a result of Nash's registration and his clothing sales, ATP asserted it legally owned the apparel rights for use of the phrase "America's Team."
In 1999, ATP decided to sell the trademark and ran an ad in the USA Today newspaper, stating it would auction the mark to the highest bidder. The Cowboys and NFLP brought a lawsuit alleging that ATP's actions infringed their common law and state trademark registration rights. Specifically, the Cowboys claimed that it had used "America's Team" as a service mark and trademark since 1979. The Cowboys also maintained that "America's team" was first coined by Bob Ryan of NFL Films Inc. and Doug Todd the Cowboys' public relations director. The Cowboys claimed to have used 'America's Team' in commerce as the title of the Cowboys' season highlight film in 1978.
The Cowboys also presented evidence that in 1992 they obtained Texas trademark registration for "Dallas Cowboys America's Team" for use on apparel. The Cowboys produced a variety of merchandise bearing the "America's Team" mark which it...