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NFL prepares for counterfeiters of Super Bowl merchandise

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The National Football League has launched a preemptive strike against vendors of unlicensed Super Bowl merchandise by receiving permission to seize the property.

Marion Superior Court has granted temporary restraining and seizure orders to the NFL, along with the New England Patriots and New York Giants, after they requested injunctions on Jan. 25.

The orders give the NFL and the two Super Bowl teams the authority to seize unlicensed merchandise without notice. Those caught selling items without proper trademarks face financial penalties and will have their merchandise confiscated.

“Previous trademark protection efforts during the Super Bowl period demonstrate that the professional infringers who ‘work’ the site of the game will defy or avoid temporary restraining orders and will continue to sell their counterfeit merchandise in any possible manner,” the NFL said in its suit. “The only effective way to combat this problem is to seize the goods at the point of sale.”

The restraining and seizure orders take effect at noon on Friday and last through Monday, the day after the game.

The NFL has at least 20 registered trademarks protected by the court orders. They include Super Bowl, Super Sunday, SB46, Super Bowl XLVI, as well as National Football League, American Football Conference and National Football Conference.

The Vince Lombardi Trophy design and the designs of the Patriots’ and Giants’ logos also are protected.

“Plaintiffs have shown that notice need not be given because vendors and manufacturers of counterfeit NFL merchandise have no business identity and cannot be identified, located or notified … and if so notified would flee with the counterfeit merchandise,” Judge Cynthia Ayers wrote in granting the orders.

The NFL said in its lawsuit that it has employed security officers to search for counterfeit merchandise since Super Bowl XVII in Pasadena, Calif., in 1983. The league annually handles hundreds of instances of unauthorized use of NFL trademarks, it said.

U.S. Customs and Border Protection announced on Jan. 26 that a sting beginning in September resulted in the seizure of 304 parcels containing 10,710 fake NFL jerseys at Los Angeles and Ontario international airports.

Most unlawful merchandise is produced by large-scale, professional counterfeiters through networks of anonymous and mobile middlemen and street vendors who descend on a Super Bowl host city a few days before the game and disappear without detection, according to the suit.

Cases usually are settled with the infringer’s agreement to quit selling the unlicensed merchandise, the NFL said. But when infringers persist, the league typically obtains injunctions in federal or state court.

“It is extremely difficult, if not impossible, to identify the source of any given counterfeit merchandise that is sold in a retail store, at a street stand, or out of portable containers,” the NFL said in its complaint.

The NFL has agreements with roughly 150 companies that are licensed to produce merchandise relating to Super Bowl XLVI in Indianapolis.

The Reebok-Adidas plant on the east side of the city, a major producer of licensed NFL mechandise, is set to lose its contract with the league following the Super Bowl.
 


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  • No Authority
    A sweeping injunction to give the NFL the authority to physically seize any private property the NFL deems to be infringing? I'd like to see the authority for such an order.
  • Hope they're better than IMS
    I hope they do a better job of protecting their brand than IMS and the '500' - lots of unauthorized shirts sold up and down the streets around the track before and after the race.

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  1. City-County Councilor Angela Mansfield and Bob Lutz have a case of wishful thinking.

    They obviously don't really care about the cost.

    They should.

    Extending Federal Benefits to Same-Sex Couples Will Cost $898M, CBO Says

    http://www.foxnews.com/politics/2009/12/22/extending-federal-benefits-sex-couples-cost-m-cbo-says/

  2. Brett, be careful what you lie about, the truth always comes out.

    "IMS's George Honored: Tony George, Indianapolis Motor Speedway president and chief executive officer, received the inaugural Pioneering and Innovation Award at the Autosport Awards Dec. 5 in London for his leadership in the development of the Steel and Foam Energy Reduction (SAFER) Barrier. George received the award at the annual gala at the Grosvenor House on behalf of the creators of the SAFER Barrier from Prince Salman Bin Hamad Al Khalifa, the leader of the Bahrain International Grand Prix circuit. This is the fourth major award that has been presented to honor George and the SAFER Barrier development team. The SAFER Barrier also received the Louis Schwitzer Award, SEMA Motorsports Engineering Award and GM Racing Pioneer Award in 2002. The SAFER Barrier was installed in all four turns of the Indianapolis Motor Speedway a pioneer in safety for drivers, cars and tracks -- in time for the 86th Indianapolis 500 in 2002. It since has been installed at more than a dozen other tracks, and the latest iteration will be installed at the Speedway in the spring.(IMS PR), see more on my Indy Track News page.(12-7-2004)"

    As far as the cart safety team, I cannot find anything on its date of creation. The Delphi Safety team was created in 1996. For some reason there is not much info out there on defunct racing series.

  3. Great article Anthony. Glad IMS is finally being run like a business and not a personal check book to finance the "Vision".

    Things are looking up but 15 years of scorched earth won't be fixed overnight. Unfortunately the TV ratings are still poor and that won't change anytime soon with the brilliant 10 year contract signed under the former regime.

  4. Brett not sure why you wonder what he said in his quote. "''I would like to jump in a time machine, go back to 1995, and tell the owners and Tony George not to split,'' Franchitti said. ''As soon as my time machine is done, I know where I'm going.''"

    Pretty clear, he would love to go back and tell TG and the team owners not to split.

    I am not sure there is anyone who wanted the split, and I don't think there is anyone who would not like to go back and prevent the split. But, as has been discussed ad nauseum, without the split carts management by team owners would have run all of ow racing into bankruptcy. If cart had such a wonderful product, then losing IMS would not have forced it into bankruptcy. If NASCAR lost Daytona or Charlotte, it would not fail like cart did.

    Truth,

    So you predicted that cart would go into bankruptcy and cease to exist while Indycar would continue on? I missed that prediction.

  5. I want to live in a city that has a garage structure to be proud of for it's innovating design!

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