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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. First, the Athenaeum is going to have to get past the hurdle with the Lockerbie residents and the agreement that the parcel would be residential. Second, and in my opinion, this prime piece of property should include parking, PLUS, a black box theater(s), some market rate and affordable artist housing and a plan to renovate and reconfigure the second story theater. I would negotiate to add the DeHaan property surface parking lot into the development mix, place a one story surface parking garage on the DeHaan lot on the street level (for the Dehaan tenants use during the daytime) and add a second story to the garage that would become an addition to the current second story theater and then change the direction of the theater by moving the stage across the alley and on top of the DeHaan lot parking. You can add all the stage elements that are currently missing from the Athenaeum stage to make it more attractive for use by Ballet, Opera and traveling productions. Plus, the theater changes would probably help solve some of the soundproofing issues. Alas,it does not seem to be a part of the strategic plan to conduct a study to determine best use of the property. Seems like the current plan is a quick and easy move that ignores the property best use/potential and any strategic property planning for the effect on future generations.

  2. I recall that MSA's pilings are still in the ground and hard to remove. It’s not likely any proposal will include significant underground construction/parking because of this. Start adding 2 floors of retail, 8 floors of parking and 5-10 floors of possible hotel, and/or 10-20 floors of residential, and you are at 30 floors already with possible expansion of all the uses. But then again I could be wrong.

  3. Accoriding to their website there is no deadline to the Do Not Call list. What is this article referring to??

  4. On what planet are they entitled to this largesse from the stockholders? These people make multi-million dollar salaries: Pay for your own personal travel.

  5. It matters because they're already paid enormously fat salaries: Pay for your own personal travel. Being "taxed on it" isn't a valid excuse--so what? They're still being gifted a raft of luxury perks from somebody else's money on top of an enormous, lavish salary.

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