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Businesses walk fine line when supporting Colts

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Scotty’s Brewhouse owner Scott Wise learned a costly lesson when the Indianapolis Colts last appeared in the Super Bowl and he tested the National Football League’s stringent trademark-infringement policies.

To celebrate the milestone in 2007, Wise had blue T-shirts printed with the number of a Colts player on the back and a horseshoe on the sleeve that he said differed from the team logo.

Wise even cleared the design with his attorneys to ensure the shirt he sold to patrons did not violate NFL rules.

Yet, even though the Colts team name never appeared on the garment, it caught the attention of the NFL, which showed no leniency.

Wise, who thinks someone forwarded to the league an e-mail of his promoting the apparel, received a cease-and-desist letter from officials. OK, fair enough, Wise said.

But the NFL also ordered him to return about 600 remaining unsold shirts at a cost of about $6,000, in addition to the $1,800 profit he had made. All told, including what he spent to have the shirts made, he lost between $10,000 and $12,000.

It’s a valuable lesson Wise won’t forget, and one fellow business owners undoubtedly will heed, if they haven’t already, as the Colts prepare to play the New Orleans Saints on Sunday.

“The whole thing to me is kind of frustrating,” Wise said. “I understand the NFL is trying to protect their brand and image. But the NFL wants to put their hands on everything.”

The league’s infringement policies, which are meant to protect authorized vendors and advertisers, have received nearly as much attention as the Super Bowl in the days leading up to the game.

That’s because a pair of young entrepreneurs printed T-shirts emblazoned with the “Who Dat” slogan, a decades-old rallying cry in Saints lore, accompanied by the team emblem.

After ordering them to stop selling the merchandise, the NFL softened its stance and allowed the shirts as long as they didn’t feature the team logo.

NFL spokesman Brian McCarthy said in a statement that the league initially took action to “protect the local businesses that are selling legitimate Saints merchandise and also the local printers that are making the licensed Saints apparel.”

At last year’s Super Bowl in Tampa, counterfeit NFL gear was widespread, and hundreds of spectators left the game with cheap, fake football jerseys and merchandise, the Washington, D.C.-based International Trademark Association said.

The ITA estimated that about $1 million of phony NFL merchandise was sold at the game last year.

Tom Walsh, a partner within Indianapolis-based law firm Ice Miller LLP’s intellectual property practice, understands the NFL’s enforcement actions. He said they are levied to protect sponsors who pay big bucks to be affiliated with the league, or a particular team.

Sponsorship agreements often range in the hundreds of thousands of dollars and can reach into the millions.

“[The NFL has] a reputation of being aggressive in this area,” Walsh said. “The risk, though, of not being aggressive is pretty significant. [The NFL is],  in essence, a brand name.”

That’s why scores of businesses that are not officially affiliated with the Colts throw their support behind the team in generic fashion.

Motorists traveling along East 86th Street near the Monon Trail, for instance, see a blue Kroger billboard that simply says, “Go Team!” without any mention of the Colts.

And Taylor’s Bakery is selling blue and white, as well as horseshoe-shaped, doughnuts. The bakery purchased some pre-licensed, edible Colts images from the NFL to decorate cakes, but the expense prevented co-owner Matt Allen from purchasing more.

He declined to divulge the cost of the edible images, but he said the price for a sheet cake that typically sells for $24 rises to $39 when it features a Colts emblem.

A veteran of the bakery industry, Allen knows not to test the trademark waters, particularly when decorating cakes.

“It’s not just the Colts copyright, it’s Disney, it’s Nickelodeon,” he said. “They’re all very protective of their names. I’m just so used to it. It just doesn’t surprise me.”

Meanwhile, for Colts fans planning to patronize their favorite eatery or watering hole on Sunday, enjoy the “Big Game” festivities. That’s a popular term coined to promote the parties, since the NFL has trademarked the use of “Super Bowl.”

Scotty’s Brewhouse is being a little more daring, inviting customers to its "Super Party."
 

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  • Playing by the rules...
    Another option is to call the Colts and partner up with them on a sponsorship package.

    Not free or real cheap but legal...and from my personal experience of two small businesses that sponsor the Colts...has paid dividends. Then as a business you will have access to "approved" logo's and articles that show your support of the Colts and their "partnership" with you either in a business to business setting or commercially.
  • Racketeering 2010
    It seems that this is 21st century version of Trust businesses we experienced at the end of the 19th Century. To say that we control your language, everything you do with a cha-ching charge is the same as Standard Oil, etc. telling their workers they must live in their homes, buy from their stores, use their own banks, etc. The NFL should only be in business for football and leave teeshirts, cakes, billboards, etc. to the "fans" they so deparately say they want.

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  1. The Fringe! Plus, the simple fact that there are so many local faves in such close proximity to each other.

  2. I remenber, watching the toll road, being built, through South Bend, when I was 10 years old. I believe, back then that it was estimated, that the toll road, would be paid for in 20 years and then it would be free. I am now 71, what happened? Since the power is in the people, by that, I mean that, we the people are in total control of everything. I, suggest that no one ever use the toll road again, let it go broke. We the people can control the price of everything, from groceries to gas, if we would just do it. If we don't pay the asking price, the sellers will lower the price and if we wait awhile, they will lower the price to what we accept as reasonable. I would like to know why a highway like interstate 94, is so well maintained, a much better highway, than the toll road, but has no tolls. I would also like to know why, a sitting governor, with a term limit, maximum of eight years, can lease, public property, for 75 years. Even though I have transponders in both of my trucks and will not be affected by the increase, I have been and will contine to avoid using the toll road. I make many trips from northern Indiana to Chicago, every year, and I prefer the better highway, I94!

  3. Coming from her background,she should be used to those kinds of advances! Menard probably figured it was ok to tuck a buck!

  4. I'm still waiting for the list of available, high quality apartments in the Village.

  5. This criminal masquerading as a lawyer obviously has serious issues. He’s been proven by his own testimony to be a pathological liar and probably has a personality disorder as he seems to be constructing a reality around himself. He places no value on truth, honesty or loyalty as evidenced by what he has done to his clients and his own family. And by the demands and lies he has made in court, it is evident he feels entitled to do and say whatever suits his purpose and everyone else is expected to nod obediently and believe him because he is, after all, Bill Super Lawyer; or BS lawyer for short. This millionaire wanna-be no longer owns anything of value; he squandered it and put everything he had into foreclosure. He has no money, house, car, boat or vacation home left to show for what he earned or what he stole. He’s just another loser without morals who will be doing time. I’m certain all of his courtroom shenanigans are antagonizing his poor victims. As Lamar said, his behavior and claims in court have been outrageous. The judge needs to be more than concerned; he needs to be judicial and end this nonsense.

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