In a recent move, the National Football League (NFL) demonstrated its reputation as one of the most ardent defenders, or arguably bullies, within the world of trademarks. This time around, the University of Houston was served with a cease and desist order for outfitting its football team in gear that resembled the old Houston Oilers uniforms. It is notable that the Houston Oilers themselves have not played in decades but have metamorphosed into the Tennessee Titans. However, the Titan team continues to keep memories alive by wearing the old Oilers uniform as a throwback jersey and preserving trademarks over ‘Oilers’ branding, which includes the uniforms. This detailed analysis comes from
Techdirt.
For their part, the University of Houston maintains that they intended the uniforms as a nod to the city’s football history rather than a rip-off of the Oilers team. Furthermore, the university does not engage in selling merchandise bearing the homage uniforms, nor did they reference the Oilers explicitly in any promotional campaigns or social media posts.
From a legal perspective, the NFL’s demand might not hold water. The main question in trademark law cases often amounts to assessing whether there is potential public confusion regarding any ownership or affiliation. As such, it is improbable that University of Houston fans would believe their school has ties with the NFL. On the other hand, the NFL perceives the university’s action as unauthorized use of the Oilers’ branding.
One might argue that the NFL could have chosen an alternative route and facilitated some arrangement allowing the University of Houston to celebrate the city’s football legacy freely. This would have kept the situation from escalating to the point of outright legal threats.